AIR 1962 CALCUTTA 40 ::64 Cal WN 775 ::1960 CalLJ 164

Calcutta High Court

Hon'ble Judge(s): P. N. Mookerjee, Niyogi , JJ

Specific Relief Act (1 of 1877) , S.27(b)— Transferee without notice - Prior and subsequent buyer - Subsequent buyer making payment of purchase-money in good faith without notice - He is protected by Sec.27(b) - Notice by prior buyer after execution by subsequent buyer of kobala but before its registration does not affect his protection. Section 27(b) of the Specific Relief Act lays stress upon payment of money by the transferee without notice and in good faith and does not go further and require registration of the document (conveyance) without notice. It contemplates a transferee, who has got the document executed and paid money in good faith, without notice, and who eventually, gets the said document duly registered, thus giving it effect retrospectively from date of its execution under Sec.47 of the Registration Act. This latter provision is enough to make such a transferee, a transferee in law from the date of execution of the particular document and thus a transferee who has paid money in good faith without notice. So construed, the provisions contained in Sec.27 (b) of the Specific Relief Act, 1877, Sec.91 of the Trusts Act, 1882 and Sec.40 (2) of the T.P. Act, 1882 can all be reconciled with the equities of the situation. (1874) 5 PC 92, Rel. on. Case Law Ref. and Criticised.(Para 6) A buyer is a transferee from the dat....