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february 2009

Supreme Court of India · 2009-02-17

AZHAR SULTANA vs B. RAJAMANI

Citation / case number
SC 2005/5493
Court
Supreme Court of India
Petitioner
AZHAR SULTANA
Respondent
B. RAJAMANI
Author
S.B. Sinha
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court addressed the issue of specific performance of a contract under the Specific Relief Act, particularly Section 19(b), in a case involving subsequent purchasers who claimed to be bona fide purchasers for value without notice of the prior agreement. The Court upheld the trial court's decision that the subsequent purchasers had knowledge of the original agreement, thus making the agreement enforceable. The Court affirmed the trial court's ruling that the suit was not barred by limitation and that the plaintiff was entitled to specific performance due to the substantial advance paid.

AZHAR SULTANA vs B. RAJAMANI · Niyam