RAM NIWAS DEAD Vs. BANO

JUDGEMENT

(1.) The scope of S. 19(b) of the Specific Relief Act read with Explanation II to S. 3 of the Transfer of Property Act and the provisions of S. 20(2) of the Specific Relief Act, 1963, determine the result of this appeal.

(2.) It will be apt to begin our discussion with S. 19(b) of the Specific Relief Act, 1963 which is in the following terms:

(3.) Section 19 provides the categories of persons against whom specific performance of a contract may be enforced. Among them is included, under clause (b), any transferee claiming under the vendor by a title arising subsequently to the contract of which, specific performance is sought. However, a transferee for value, who has paid his money in good faith and without notice of the original contract, is excluded from the purview of the said clause. To fall within the excluded class, a transferee must show that:(a) he has purchased for value the property (which is the subject-matter of the suit for specific performance of the contract); (b) he has paid his money to the vendor in good faith; and (c) he had no notice of the earlier contract for sale (specific performance of which is sought to be enforced against him).