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Case details
| Lead case reference on official PDF cover | CIVIL APPEAL NO.11 OF 2007 |
|---|---|
| Caption / parties as listed | Habiba Banu and others VS Aftabullah |
| Court | Supreme Court of Bangladesh — Appellate Division |
| Case reference year | 2007 |
| Court website upload date | 2023-12-11 |
| Original index reference | Civil Appeal /2007 |
Additional reference in the official index
(From the judgment and decree dated 20.03.2004 passed by the High Court Division in Second Appeal No.83 of 1978.)
Court index description
It is well settled proposition of law that a contract cannot be enforced against a bonafide transferee for value who has paid his money in good faith and without notice of the original contract. This protection is based on the English equitable rule which allows a later legal title to prevail over an earlier equitable title in the circumstances of a particular case. Since the last Court of facts and the High Court Division upon proper appreciation of the evidence on record held that the contesting defendants are bonafide purchasers without notice of alleged agreement for sale, we are of the view that the suit has been dismissed rightly.
The date above is the court website’s upload date. Read the official document for the full decision.