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2000 Supreme(Online)(SC) 155

SUPREME COURT
N/A, N/A
RAM NIWAS (DEAD) THROUGH LRS. v. BAND (SMT) AND OTHERS


Advocates:
For the Appellants/Petitioners: Sanjeev K. Kapoor
For the Respondents: Madhurima Tatia

1 The scope of S.19(b) of the Specific Relief Act read with Explanation II to S.3 of the Transfer of Property Act and the provisions of S.20(2) of the Specific Relief Act , 1963, determine the result of this appeal.

2 It will be apt to begin our discussion with S.19(b) of the Specific Relief Act , 1963 which is in the following terms:
"19. Relief against parties and persons claiming under them by subsequent title.--Except as otherwise provided by this Chapter, specific
performance of a contract may be enforced against --
(a) x x x x x x x x x x x x
(b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract;
(c)-(e) x x x x x x x x x x x x"

3 S.19 provides the categories of persons against whom specific performance of a contract may be enforced. Among them is included, under clause (b), any transferee claiming under the vendor by a title arising subsequently to the contract of which specific performance is sought. However, a transferee for value, who has paid his money in good faith and without notice of the original contract, is excluded from the

































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