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april 2002

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.

Zorawar Singh& Anr vs Sarwan Singh (Dead) By Lrs. & Anr · Niyam