Saturday, January 23, 2021

Transferee - Specific Performance Suit

Transferee & Suit for Specific Performance...........
                                   

- In suit for specific performance of agreement to sell transferee is necessary party to suit.

- Even though a transferee to whom the subject matter of a agreement of sale or part thereof is transferred is a necessary party to suit for specific performance.

- Such transferee must be impleaded in suit before the suit becomes time barred against him.

 = = Relevant Provision = = = 

- Section 19 of The Specific Relief Act 1963.

- Order 1 Rule 10 of C.P.C.

- Article 54 of The Limitation Act 1963.

- - - Relevant Judgement - - - -

- B. Santoshamma & Anr v/s D. Sarala & Anr 2020 S.A.R.1131.

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