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1 - 5 of 5 (0.60 seconds)The Code of Civil Procedure, 1908
Section 27 in The Specific Relief Act, 1963 [Entire Act]
Sampat Ram And Ors. vs Baboo Lal on 16 July, 1954
9. Ordinarily, specific performance can be ordered only against
parties to the contract. However, Section 19 (b) (Supra) allows
specific performance to be enforced against persons acquiring title
subsequent to the date of the agreement on the principle of equity. It
was felt that after entering into an agreement to sell the vendor was
in a position of trust qua the purchaser and if conveys title to a 3 rd
party, such third party takes such title subject to the agreement of its
vendor. The principle was that a vendor could not convey more than
what he himself has. If property was bound by the agreement of the
owner/vendor, then merely because the vendor had transferred the
property, the transferee will not acquire rights better than that of the
vendor and will be subject to the liability of the vendor. The division
bench in Sampat Ram Vs. Baboo Lal AIR (1955 ) Allahabad 24 held
that the plaintiff can claim no equities against a subsequent title
holder whose agreement was of a date prior to that of the plaintiff. I
respectfully concur with the views of Lord Buckmaster and of the
division bench of the Allahabad High Court and find the plaintiff in the
present case not entitled to the relief of specific performance, against
defendant No.2, agreement to sell in whose favour is of a date prior to
that in favour of plaintiff. Section 19 (b) of the Specific Relief Act,
1963 has thus to be read to mean that even if title in favour of
defendant is of a date subsequent to the date of agreement to sell of
which specific performance is claimed, but if such title is relatable to
an agreement to sell of a date prior to the date of the agreement of
which specific performance is claimed, the relief will not be granted.
Musammat Fatma Bibi vs Saadat Ali on 31 October, 1929
8. Lord Buckmaster speaking for a five judge bench in Mt.
Fatima Bibi Vs. Saadat Ali AIR (1930) Privy Council 99 interpreting
para materia provisions of Section 27 (b) of the old Specific Relief Act
held that even though the title may be subsequent to the agreement to
sell of which specific is claimed but if that title was in pursuance to an
agreement of a date earlier to the date of the agreement of which
CS(OS)No.2629/1996 Page 4 of 8
specific performance was claimed, then the plaintiff is not entitled to
the relief of specific performance.
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