Supreme Court · 2000 INSC 338 · Decided 18 July 2000
R.K. Mohammed Ubaidullah and ORS. v. Hajee C. Abdul Wahab (Dead) BY LRS.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 338 · [2000] SUPP. 1 S.C.R. 524
- Case number
- CIVIL APPEAL No. 5182/1993
- Decided
- 18 July 2000
- Bench
- D.P. MOHAPATRA, SHIVARAJ V. PATIL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- IPC Section 52; Transfer of Property Act Section 3; Specific Relief Act Section 19(b)
Headnote
UBAIDULLAH AND ORS. v. HAJEE C. ARDUL WAHAB (DEAD) BY LRS. '1 JULY 18, 2000 B [D.P. MOHAPATRA AND SHIVARAJ V. PATIL,JJ.] Specific Relief Act, 1963: Section J9(b)-Prior agreement to sell the suit premises between C Defendant No. I and plaintiff after taking advance payment-Sale deed to be by the trial court and upheld by the High Court-On appeal, held, Section /9(b) protects the bona D fide purchaser in good faith without notice of the original contract-In view of Section 19(b) and definition of "notice" under Transfer of Property Act, it is rightly held by the
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