Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2000

Supreme Court of India · 2000-08-01

RAM NIWAS(DEAD)THROUGH LRS. vs SMT. BANO .

Citation / case number
SC 1992/79812
Court
Supreme Court of India
Petitioner
RAM NIWAS(DEAD)THROUGH LRS.
Respondent
SMT. BANO .
Author
Syed Shah Mohammed Quadri
Bench
S.S.M.QUADRI SHRIVARAJ V PATIL

Judgment text excerpt

The Supreme Court analyzed Section 19(b) of the Specific Relief Act, 1963, and Section 3 of the Transfer of Property Act, establishing that specific performance of a contract can be enforced against parties claiming under the vendor, except for bona fide transferees for value without notice of the original contract. The Court clarified that a transferee must demonstrate payment for value, good faith, and lack of notice to fall within the excluded category. The judgment emphasized the principle of constructive notice regarding the title of a person in actual possession of property.

RAM NIWAS(DEAD)THROUGH LRS. vs SMT. BANO . · Niyam