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september 2008

Supreme Court of India · 2008-09-08

Jagdish Prasad vs Shiv Nath & Anr

Court
Supreme Court of India
Petitioner
Jagdish Prasad
Respondent
Shiv Nath & Anr
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court clarified that the suit in question was for specific performance of contract, not under Section 77 of the Registration Act, as previously assumed. It emphasized that Section 19(b) of the Specific Relief Act, 1963 grants a subsequent purchaser the right to be impleaded in such cases if the transaction is bona fide. The Court held that the appellant's request to be added as a party should not have been rejected, leading to the setting aside of the impugned judgment and allowing the appeal.

Jagdish Prasad vs Shiv Nath & Anr · Niyam