13/12/2024
๐ Key Judgment: Manjit Singh & Anr. v. Darshana Devi & Ors. ๐
Can subsequent purchasers claim protection as bona fide buyers under Section 19(b) of the Specific Relief Act, 1963? ๐ค
In a landmark ruling, the Supreme Court held that mere purchase isnโt enough to claim bona fide status. Close relatives of the original owner, the defendants failed to prove they acted in good faith, made no reasonable inquiries, and ignored the plaintiff's possession. โ๏ธ
Key Takeaways: ๐น Failure to inquire about possession = Constructive Notice.
๐น Payment claims were unsubstantiated.
๐น Plaintiff is entitled to specific performance of the original agreement.
This case reinforces the importance of due diligence and the need to investigate possession before purchasing property.
๐ Read the full case here: https://aklegal.in/analysis-of-the-judgment-in-manjit-singh-anr-v-darshana-devi/
Ors. (Civil Appeal No. 13066/2024) Issue:Whether the subsequent purchasers (Manjit Singh and Anr.) of the suit property were bona fide purchasers under Section 19(b) of the Specific Relief Act, 1963,and thus protected from the decree of specific performance in favor of the plaintiff (Darshana Devi)....