Indian Kanoon - Search engine for Indian Law

38. This proposition was also noticed and followed in R.C. Chandiok v. Chuni Lal Sabharwal (1970) 3 SCC 140 and it held as under:-

"9. It is common ground that the plot in dispute has been transferred by the respondents and therefore the proper form of the decree would be the same as indicated at SCR p. 369 in Durga Prasad v. Deep Chand [AIR 1954 SC 75 : 1954 SCR 360] viz.

'to direct specific performance of the contract between the vendor and the plaintiff and direct the subsequent transferee to join in the conveyance so as to pass on the title which resides in him to the plaintiff. He does not join in any special covenants made between the plaintiff and his vendor; all he does is to pass on his title to the plaintiff'. (AIR p. 81, para 42) We order accordingly. The decree of the courts below is hereby set aside and the appeal is allowed with costs in this Court and the High Court."

42. Again in R.C. Chandiok v. Chuni Lal Sabharwal [(1970) 3 SCC 140 : AIR 1971 SC 1238] this Court referred to their earlier decision and observed : (SCC p. 146, para 9) "9. It is common ground that the plot in dispute has been transferred by the respondents and therefore the proper form of the decree would be the same as indicated at SCR p. 369 in Durga Prasad v. Deep Chand [AIR 1954 SC 75 : 1954 SCR 360] viz.

'to direct specific performance of the contract between the vendor and the plaintiff and direct the subsequent transferee to join in the conveyance so as to pass on the title which resides in him to the plaintiff. He does not join in any special covenants made between the plaintiff and his vendor; all he does is to pass on his title to the plaintiff'. (AIR p. 81, para 42) We order accordingly. The decree of the courts below is hereby set aside and the appeal is allowed with costs in this Court and the High Court."