Supreme Court of India · 2000-08-01
Ram Niwas (Dead) Through Lrs vs Smt.Bano & Ors
- Citation / case number
- AIR 2000 SUPREME COURT 2921
- Court
- Supreme Court of India
- Petitioner
- Ram Niwas (Dead) Through Lrs
- Respondent
- Smt.Bano & Ors
- Author
- Syed Shah Mohammed Quadri
- Bench
- Shrivaraj V Patil, S.S.M.Quadri
Judgment text excerpt
The Supreme Court interpreted Section 19(b) of the Specific Relief Act, 1963, alongside Explanation II to Section 3 of the Transfer of Property Act, establishing that specific performance of a contract can be enforced against any person claiming under the vendor, except for a bona fide transferee for value who has no notice of the original contract. The Court clarified that a bona fide purchaser must demonstrate that they paid for the property in good faith and without notice of prior claims. The judgment reinforces the principle of constructive notice regarding property transactions, emphasizing the need for due diligence by purchasers.