Decree For Specific Performance Can’t Be Obtained Behind The Back of A Bona-Fide Purchaser
Case: Seethakathi Trust Madras v Krishnaveni
Coram: Justice Sanjay Kishan Kaul; Justice M M Sundresh
Case No.: Civil Appeal Nos. 5384-5385 Of 2014
Court Observation: “…it is not possible for us to accept that a decree could have been obtained behind the back of a bona fide purchaser, more so when the transaction had taken place prior to the institution of the suit for specific performance”.
“a party’s right to own and possess a suit land could not have been taken away without impleading the affected party therein and giving an opportunity of hearing in the matter, as the right to hold property is a constitutional right in terms of Article 300-A of the Constitution of India”
“The Respondent was fully aware of the prior registered transaction in respect of the same property originally in favour of Niraja Devi. This is as per the deposition of her manager. In such a scenario it is not possible for us to accept that a decree could have been obtained behind the back of a bona fide purchaser, more so when the transaction had taken place prior to the institution of the suit for specific performance. Suffice to say that this view would find support from the judgments in Vidyadhar v. Manikrao and Man Kaur v. Hartar Singh Sangha”
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