Supreme Court of India · 2002-04-04
Zorawar Singh& Anr vs Sarwan Singh (Dead) By Lrs. & Anr
- Citation / case number
- AIR 2002 SUPREME COURT 1711
- Court
- Supreme Court of India
- Petitioner
- Zorawar Singh& Anr
- Respondent
- Sarwan Singh (Dead) By Lrs. & Anr
- Author
- Brijesh Kumar
- Bench
- D.P. Mohapatra, Brijesh Kumar
Judgment text excerpt
The Supreme Court upheld the decree for specific performance of an agreement of sale under Section 10 of the Specific Relief Act, 1963, affirming that Sarwan Singh had a preferential right to the land despite the subsequent sale to Zorawar Singh and Devinder Singh. The Court found that the defendants had knowledge of the prior agreement and thus could not claim to be bona fide purchasers without notice. The appeal was allowed, restoring the Trial Court's decree in favor of Sarwan Singh for specific performance against all defendants.