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1 - 10 of 20 (0.42 seconds)The Code of Civil Procedure, 1908
The Specific Relief Act, 1963
Lala Durga Prasad And Another vs Lala Deep Chand And Others on 18 November, 1953
"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
page 369 in Lala Durga Prasad v. Lala Deep Chand,
1954 SCR 360 = (AIR 1954 SC 75) 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". 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."
Kafiladdin And Ors. vs Samiraddin And Ors. on 24 February, 1930
"In our opinion, the proper form of decree is 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 convenants made between plaintiff
and his vendor; all he does is to pass on his title to the
plaintiff. This was the course followed by the Calcutta
High Court in -Kafiladdin v. Samiraddin, AIR 1931
Cal 67 (C) and appears to be the English practice.
Chunder Kant Roy vs Krishna Sunder Roy on 1 May, 1884
In
Chunder Kanta Roy v. Krishna Sundar Roy (5) the
decree passed against the contracting party only was
upheld.
Dwarka Prasad Singh & Others vs Harikant Prasad Singh & Others on 29 November, 1972
41. This Court again in the case of Dwarka Prasad Singh and
others vs. Harikant Prasad Singh and others (1973) SC 655
subscribed its earlier view and held that in a suit for specific
performance against a person with notice of a prior
agreement of sale is a necessary party.
Thomson Press (India) Ltd vs Nanak Builders & Investrs.P.Ltd & Ors on 21 February, 2013
3. Learned counsel for the petitioner Mr. Sushil Bishnoi has relied
upon the judgment of Hon'ble Apex Court in Thomas Press (Indian) Ltd.
Vs. Nanak Builders & Investors P. Ltd. & Ors. reported in 2013(1) WLC
(SC) Civil 453, the operative portion of which reads as under: