PIRTHI @ SANS! ETC. versus JATI RAM AND ORS. ETC.

PIRTHI @ SANS! ETC. versus JATI RAM AND ORS. ETC.

High Court rightly allowed appeal and granted decree for specific performance since third parties came into possession after suit institution and agreement; third parties were not bona fide purchasers; appellate court's refusal to grant specific performance was illegal.

Parties
Petitioner: Pirthi@ Sansi; Respondent: Jati Ram; Respondent: Ramesh; Respondent: Shashi Kapoor
Jurisdiction
India
Judgment Date
30 July 1996
Procedural Posture
Special Leave Petition (civil) / Final Order
Outcome
petition dismissed
Legal Topics
Specific Performance, Discretion of Court, Bona Fide Purchaser
Contract Law Specific Performance Discretion of Court Bona Fide Purchaser

Case Brief

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Parties

Pirthi@ Sansi

Petitioner

Jati Ram

Respondent

Ramesh

Respondent

Shashi Kapoor

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Order

Legal Issues

  1. 1 whether decree for specific performance should be granted when third parties have come into possession after suit institution
  2. 2 discretion of court in granting alternative relief

Ratio Decidendi

High Court rightly allowed appeal and granted decree for specific performance since third parties came into possession after suit institution and agreement; third parties were not bona fide purchasers; appellate court's refusal to grant specific performance was illegal.

Court Disposition

petition dismissed

Orders

  • special leave petition dismissed