RAM PEARY Vs. GAURI

JUDGEMENT

(1.) DOUBTING the correctness of the decision of this Court in Ganga Charan v. Bans Bahadur Singh (AIR 1975 All 25) a learned Single Judge of this Court has made this referring order which posits the following: Whether Section 52 of the Transfer of Property Act is subject to 19 (b) of the New Specific Relief Act.

(2.) SECTION 19 (b) of the Act says that Specific performance of a contract may be enforced against (a) either party thereto; (b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.

(3.) THE Privy Council had adopted the same principle in Faiyaz Husain Khan v. Munshi Prag Narain ((1907) 34 Ind App 102) where they lay stress on the necessity for final adjudication and observation that otherwise there would be no end to litigation and justice would be defeated.