Supreme Court of India · 2024-05-17
Rajesh Kumar vs Anand Kumar
- Citation / case number
- 2024 INSC 444
- Court
- Supreme Court of India
- Petitioner
- Rajesh Kumar
- Respondent
- Anand Kumar
- Author
- Prashant Kumar Mishra
- Bench
- Prashant Kumar Mishra, Pankaj Mithal
Judgment text excerpt
The Supreme Court held that the appellant/plaintiff's agreement to sell was valid despite the execution of a subsequent sale deed by the Power of Attorney holder to third parties, as the latter were aware of the prior agreement. The Court emphasized that the doctrine of bona fide purchasers does not apply when the purchaser has knowledge of an existing agreement. The Court reversed the High Court's decision and upheld the Trial Court's decree in favor of the appellant, reinforcing the enforceability of agreements to sell under specific conditions, including the requirement of notice and possession.