Supreme Court of India · 2008-05-01
Guruswamy Nadar vs P.Lakshmi Ammal(D) Through Lrs. & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 2560
- Court
- Supreme Court of India
- Petitioner
- Guruswamy Nadar
- Respondent
- P.Lakshmi Ammal(D) Through Lrs. & Ors
- Author
- A.K. Mathur
- Bench
- A.K.Mathur, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that Section 19 of the Specific Relief Act, 1963 allows for a decree of specific performance against a subsequent purchaser who has paid in good faith without notice of the original contract. The Court emphasized that the principle of lis pendens under Section 52 of the Transfer of Property Act, 1882 applies, meaning that a sale made during the pendency of a suit is subject to the outcome of that suit. The Court upheld the decree for specific performance in favor of the original plaintiff, affirming the lower court's decision despite the subsequent bona fide purchase by the appellant.