Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2008

Supreme Court of India · 2008-09-11

S. Abdul Khader vs Abdul Wajid (D) By Lrs. & Ors

Citation / case number
AIR 2008 SC (SUPP) 624
Court
Supreme Court of India
Petitioner
S. Abdul Khader
Respondent
Abdul Wajid (D) By Lrs. & Ors
Author
Altamas Kabir
Bench
Markandey Katju, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the petitioner was entitled to specific performance of the Agreement for Sale dated 21st February 1995, as the respondent No.1 failed to complete the sale despite repeated assurances. The Court emphasized that the respondent No.3, who purchased the property later, did so without notice of the prior agreement, thus not affecting the petitioner's rights under Section 52 of the Transfer of Property Act, 1882. The Court overturned the High Court's decision and directed the execution of the sale deed in favor of the petitioner.

S. Abdul Khader vs Abdul Wajid (D) By Lrs. & Ors · Niyam