Supreme Court of India · 2002-04-04
ZORAWAR SINGH vs SARWAN SINGH (D) BY LRS.
- Citation / case number
- SC 2001/78
- Court
- Supreme Court of India
- Petitioner
- ZORAWAR SINGH
- Respondent
- SARWAN SINGH (D) BY LRS.
- 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 the plaintiff Sarwan Singh had a preferential right over the property despite the subsequent sale to Zorawar 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 against the Punjab and Haryana High Court's order was dismissed, restoring the Trial Court's decree in favor of the plaintiff.