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may 2024

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.

Rajesh Kumar vs Anand Kumar · Niyam