Decree for specific performance infavour of purchaser of property - Execution - Resistance by person claiming to be subsequenttransferee of property - He is not "transferee" within meaning of said expression as used in S. 19 (b)

Citation

AIR 2005 BOMBAY 404

BOMBAY HIGH COURT

(GOA BENCH)

R. M. LODHA , J.

First Appeal No. 5/1998, D/- 18 - 8 - 2005

Sujata Sanzgiry v. Ankush R. Naik and others

Civil P.C. (5 of 1908), O.21 R.97 - Resistance to execution - Decree for specific performance in

favour of purchaser of property - Execution - Resistance by person claiming to be subsequent

transferee of property based on S. 19 (b) of Specific Relief Act - Person claiming to have been

put in possession of property having paid consideration money - However, no sale deed executed

yet in his favour - He is not "transferee" within meaning of said expression as used in S. 19 (b)

of Specific Relief Act - Application under O. 21, R. 97 dismissed. Specific Relief Act (47 of 1963),

S.19(b) - Transfer of Property Act (4 of 1882), S.3 Expln.2