Court : Karnataka
Decided on : Dec-01-1953
Reported in : AIR1955Kant3; AIR1955Mys3; ILR1954KAR413; (1956)34MysLJ7
..... contract by paying the balance of purchase money and taking the sale deed and are clearly entitled to obtain specific performance against defendant 1.4. under section 27 of the specific relief act specific performance of a contract may be enforced not only against either party thereto but also any other person claiming under him by a title arising subsequent ..... that the plaintiff has been ready and willing to perform his part of the contract and that where the suit is against a subsequent purchaser the conditions mentioned in section 27 (b) must be averred and proved. the learned judge who decided that case has not referred to any of the above cases and has made only a ..... and could not therefore claim specific performance. i am not therefore inclined to agree with his observation which appears to be more in the nature of 'obiter'.that section is based on the equitable principle that from the time of the contract for the sale of the property the vendor is in the position of a trustee for .....
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