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Supreme Court of India 2024-07-09 partly_allowed

MAHARAJ SINGH & ORS vs KARAN SINGH (DEAD)

Bench: 2 — Abhay S. Oka, Sanjay Karol

In Brief

A farmer agreed in writing in 1981 to sell agricultural land to two purchasers for Rs. 20,300. Before executing the sale deed, he sold the land to others. The purchasers sued for specific performance. The trial court and lower courts granted the relief. On appeal to the Supreme Court, held: the agreement was valid and not sham; subsequent purchasers had constructive notice through registration and were not bona fide; specific performance can be decreed against them without cancelling their deeds; the restriction on selling to non-agriculturalists applies to sale deeds, not agreements, and permission can be sought; only the genuinely interested purchaser (one plaintiff) should get relief, for his half-share of the property.

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Specific Performance Contract Law Evidence Act Transfer of Property Bona Fide Purchaser Agricultural Land Registration Act Zamindari Abolition

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