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AIR 2001 SUPREME COURT 1658
::2000 AIR SCW 4794
Supreme Court Of India
(From : Madras)*
Hon'ble Judge(s):
D. P. Mohapatra,
Shivaraj V. Patil
, JJ
Specific Relief Act (47 of 1963) , S.19(b)— Transfer of Property Act (4 of 1882) , S.3 Expln.2— Relief or specific performance - Objection by subsequent purchaser without notice - Proof of purchase without notice - Subsequent purchaser already aware of plaintiff being in possession of suit property, as tenant - Not making any inquiry at time of purchase - Subsequent purchaser cannot be said to be bona fide purchaser in good faith for value without notice of contract. Where plaintiff filed a suit for specific performance of contract and other reliefs and during pendency rest of defendants brought subsequent transaction of sale by defendant 1 in their favour claiming title to suit property on ground that they were bona fide purchasers for value without notice of prior agreement in favour of plaintiff, however, it is the case of the rest of defendants subsequent purchasers that they were aware of the fact that the plaintiff was in possession of the suit property occupying it as a tenant for the last several years and that they did not make any inquiry if the plaintiff had any further or other interest in the suit property on the date of execution of sale deed in their favour apart from that he was in possession of the property as a tenant, the defendants subsequent purchasers cannot said to be bona fide purchasers of suit property for value without notice of suit agreement and plaintiff is entitled fo....
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