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Sundara Ramanujam Naidu vs Sivalingam Pillai And Anr. on 19 April, 1923

14. The impleading of a third party, relied on by learned Counsel for the respondents as distinguishing the decision in -- 'Sundara Ramanujam v. Sivalingam Pillai', 47 Mad 150. makes no difference. Section 27, Clause (b), Specific Relief Act, 1877, makes it clear that a suit for specific performance lies against a third party. In fact, where the property in suit has, subsequently to the contract, been transferred to a stranger, the transferee is a neces-.sary party to a suit for specific performance of the contract for, before it can grant the relief sought, the Court has to investigate whether the transferee is a 'bona fide' purchaser for value without notice.
Madras High Court Cites 10 - Cited by 17 - Full Document

Krishna Aiyar And Ors. vs Shamanna, Minor Legal Representative ... on 4 October, 1912

sation, but the clauses just referred to laying a duty on the Court to grant compensation are not made dependent on such a request and the Court can grant compensation without such a request. -- 'Krishna Aiyar v. Shamanna', 23 Mad LJ 610; -- 'Callianji Harjivan v. Narsi Tricum', 19 Bom 764. Therefore, the inclusion in the plaint of a prayer for compensation does not alter the nature of the suit, and court-fee is payable thereon as on a plaint for specific performance.
Madras High Court Cites 6 - Cited by 8 - Full Document
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