1949 (2) TMI 9

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..... 8377; 380 under an agreement for sale marked as Ex P-1, On the date of the said agreement a sum of ₹ 50 was paid as advance and the balance was made payable at the time of the execution of the sale deed Time for performance was fixed at six months. Shortly after the agreement defendants 3 and 4 sold their moiety of the property to the fifth defendant' under Ex. D-2 dated x 11th March, 19 .....

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..... by the plaintiff, Ex. P-I and further pleads that he is a bona fide purchaser for value without notice. It is found by the Courts below that Ex P-I is a true and valid agreement supported by consideration and therefore capable of specific performance. On, the question whether the fifth defendant is a bona fide purchaser for value without notice the Courts below have differed the lower appellate Co .....

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..... gistration of Ex. D-3, the plaintiff raised an objection to the registration of the sale deeds on the ground that there was a valid and subsisting contract for the sale of the property in his favour and therefore the deeds should not be registered. It is therefore clear on the evidence and on finding of the lower appellate Court that the fifth defendant was not a purchaser for value without notice .....

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