execution of sale deed Archives

Not mandatory for plaintiff in specific performance suit to seek cancellation of subsequent sale deed executed by seller in favour of informed third party: SC

Section 19(b) provides that a specific performance of a contract may be enforced against any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.

Case Briefs High Courts

In absence of examination of the party to a suit, facts deposed by the power of attorney holder cannot be relied upon: Chhattisgarh High Court

“The pleading made by respondent-plaintiff through the power of attorney holder in the plaint is to be examined as against the statement made by the power of the attorney holder as a witness.”