SONI LALJI JETHA & ORS. vs SONI KALIDAS DEVCHAND & ORS,

The Supreme Court held that a sale to a subsequent purchaser, even with notice of a prior agreement, is voidable at the instance of the party to the earlier contract, as per Section 91 of the Trusts Act and Section 40 of the Transfer of Property Act. The Court ruled that the possession of the mortgagee was not adverse against the mortgagors due to their fiduciary relationship, thus allowing the mortgagors' suit for redemption despite the statutory period having expired. The appeal was dismissed, affirming the lower court's decree for specific performance.