Wednesday, December 8, 2010

Transfer of Property Act, 1882—Section 56

Transfer of Property Act, 1882—Section 56—Suit for specific performance—Whether the right of marshalling by subsequent purchaser as provided in Section 56 of the Transfer of Property Act, 1882 is available to a decree holder in a suit for specific performance and whether the High Court is justified in granting such a relief in the absence of any pleading and issue before the trial Court?—Held, yes.

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