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Civil · Reportable judgment

Manjit Singh & Anr. vs Darshana Devi & Ors.

Court
Supreme Court of India
Date
21 November 2024
Case No.
Civil Appeal No. 13066 of 2024
Result
Dismissed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2024] 11 S.C.R. 876 : 2024 INSC 895
Acts & Sections
Specific Relief Act, 1963 General Clauses Act Bhartiya Nyaya Sanhita, 2023 IPC
Supreme Court Reports [2024] 11 S.C.R. 876 : 2024 INSC 895
Issue for consideration
High Court held that the appellants-subsequent purchasers could not be said to be bona fide purchasers in accordance with Section

19 (b) of the Specific Relief Act, 1963 and decreed the suit of the plaintiff granting specific performance of oral agreement of sale between the plaintiff and the original defendant (owner of the suit property).
Headnote

Specific Relief Act, 1963 – s.19(b) – General Clauses Act – s.3(22) – Bhartiya Nyaya Sanhita, 2023 – s.2(11) – “good faith” – Oral agreement for sale of the suit property between plaintiff and defendant (owner of the property) – However, despite the said agreement, the defendant transferred the suit property in favour of the appellants-subsequent purchasers – In Second Appeal filed by the plaintiff, High Court decreed the plaintiff’s suit granting specific performance of oral agreement of sale holding that the appellants could not be said to be bona fide purchasers u/s.19(b) – Correctness:

Held: Correct – Section 19 (b) of the Act, 1963 is an exception from the general rule and the onus is on the subsequent purchaser to prove that he purchased the property in good faith and also bona fide purchaser for value – For an act to have been done in good faith it must have been done with due care and attention and there should not be any negligence or dishonesty – Each aspect is a complement to the other and not an exclusion of the other – The definition of the Penal Code, 1860 emphasises due care and attention whereas General Clauses Act emphasises honesty – High Court committed no error in passing the impugned Judgment. [Paras 12, 15, 20]

Keywords: Section 19 (b) of Specific Relief Act, 1963 · Oral agreement for sale of the suit property · Specific performance of oral agreement of sale · “good faith” · Subsequent purchasers · Exception from general rule · Onus on subsequent purchaser to prove that the property was purchased in good faith · bona fide purchaser for value · Due care and attention · Negligence or dishonesty · Honesty

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Leave granted. 2. This appeal arises from the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh dated 22-1-2019 in Regular Second Appeal No.1145/1992 by which the High Court allowed the Second Appeal filed by the original plaintiff and thereby decreed the suit of the plaintiff granting specific performance of oral agreement of sale of the year 1986. 3. The facts giving rise to this appeal may be summarized as under. 4. The Respondent No.1 – herein (original plaintiff) instituted suit for specific performance of contract based on an unregistered sale d
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