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1 - 9 of 9 (0.24 seconds)Section 91 in The Indian Trusts Act, 1882 [Entire Act]
Section 54 in The Transfer Of Property Act, 1882 [Entire Act]
The Transfer Of Property Act, 1882
The Indian Trusts Act, 1882
Lala Durga Prasad And Another vs Lala Deep Chand And Others on 18 November, 1953
11. A careful reading of the above statutory provisions makes it abundantly clear that the subsequent transferee with notice stands in a fiduciary capacity and holds the property in trust to the prior agreement holder, but the prior agreement holder cannot automatically become the owner by seeking declaratory relief and has to necessarily file a suit for specific performance impleading both the vendor and the subsequent transferee and that is the ratio decidendi laid down by the Supreme Court in Dwga Prasad's case (supra), Laji Jetha's case (supra) and Bai Dosabai's case (supra) and the contra views expressed in Dharma Rao 's case (supra) and Chand Mohammad's case (supra) cannot be held as laying down correct legal principles and moreso in view of the later Supreme Court judgment in Bai Dosabai 's case (supra).
Section 27 in The Specific Relief Act, 1963 [Entire Act]
Soni Lalji Jetha & Ors vs Soni Kalidas Devchand & Ors on 14 October, 1966
11. A careful reading of the above statutory provisions makes it abundantly clear that the subsequent transferee with notice stands in a fiduciary capacity and holds the property in trust to the prior agreement holder, but the prior agreement holder cannot automatically become the owner by seeking declaratory relief and has to necessarily file a suit for specific performance impleading both the vendor and the subsequent transferee and that is the ratio decidendi laid down by the Supreme Court in Dwga Prasad's case (supra), Laji Jetha's case (supra) and Bai Dosabai's case (supra) and the contra views expressed in Dharma Rao 's case (supra) and Chand Mohammad's case (supra) cannot be held as laying down correct legal principles and moreso in view of the later Supreme Court judgment in Bai Dosabai 's case (supra).
Bai Dosabai vs Mathurdas Govinddas And Ors on 21 April, 1980
11. A careful reading of the above statutory provisions makes it abundantly clear that the subsequent transferee with notice stands in a fiduciary capacity and holds the property in trust to the prior agreement holder, but the prior agreement holder cannot automatically become the owner by seeking declaratory relief and has to necessarily file a suit for specific performance impleading both the vendor and the subsequent transferee and that is the ratio decidendi laid down by the Supreme Court in Dwga Prasad's case (supra), Laji Jetha's case (supra) and Bai Dosabai's case (supra) and the contra views expressed in Dharma Rao 's case (supra) and Chand Mohammad's case (supra) cannot be held as laying down correct legal principles and moreso in view of the later Supreme Court judgment in Bai Dosabai 's case (supra).
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