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august 2000

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.

Ram Niwas (Dead) Through Lrs vs Smt.Bano & Ors · Niyam