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TMI Blog1990 (7) TMI 376X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent, pursuant to the deed of power of attorney Ex. B-1 Dt. 30-6-1962 executed by the 1st respondent in favour of the 2nd respondent. 2. The sale consideration under Ex. A-3 is Rs. 30,000/- and according to the appellant, Rs. 5,000/- was received by the 2nd respondent on behalf of the 1st respondent as advance. Under the said agreement, the sale deed has to be executed on or before 31-7-1974 when the balance of Rs. 25,000/- has to be paid. According to the appellant, she informed the respondents I and 2 in July, 1974 her readiness to complete the sale and the said respondents agreed and requested the appellant to utilise the three stamp papers lying unused with the said respondents for executing the sale deed. The further plea of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent suit was filed on 3-5-1975. The 3rd defendant was impleaded in the suit only in 1988. 5. The trial Court held that the abovesaid power of attorney Ex. B-1 was valid and was in force till it was cancelled on 1-8-1974 by Ex-B-2, that the sale agreement Ex. A-3 was valid and binding on the 1st respondent. It also held that the 1st respondent is estopped from denying the receipt of the abovesaid Rs. 5,000/- as advance. It also disbelieved the version of the respondents that the 2nd respondent was drunk when he executed Ex. A-3. So far, it held in favour of the appellant. 6. But, it held against the appellant in observing that the appellant was not ready and willing to perform her part of the contract, in paying the balance sum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laintiff informed the defendants of her readiness to complete the sale , there is no specific denial at all. There is only a vague and evasive denial by the 1st respondent as follows :-- The allegation contained in paragraph 5 of the plaint are frivolous and denied . Likewise, the 2nd respondent also has not specifically denied the abovesaid averment in the plaint. 9. Further, the 1st respondent, as D.W. 1 and the 2nd respondent as D.W. 2, did not depose at all that the appellant was not ready and willing to perform the contract. In the circumstances, the contention of the learned counsel for respondents 1 and 2 that the abovesaid readiness and willingness has not been proved, cannot be accepted. Therefore, I held that the appellant wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ima facie evidence that he is a bona fide transferee for value without notice. But, the burden is light and he may discharge it by merely denying the factum of notice on oath. In any case, very little evidence is required on his part to prove this fact which is negative. 'It cannot be said in the present case that the said initial burden has not been discharged by the third respondent. So, the burden has only shifted to the plaintiff/appellant, but, she cannot be said to have discharged that burden. No doubt the learned counsel for the appellant contended that admittedly exhibit B-3 was registered not at Pudur where the property was situate, but at Tuticorin. However, the first defendant explained this by saying that since the stam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In Ram Peary v. Gauri AIR 1978 All 318 it has also been held that S. 52 of the Transfer of Property Act, which speaks about the rule of lis pendens, is not subject to S. 19(b) of the Specified Relief Act, which provides that specific performance of contract cannot be enforced against the transferee for value, who has paid his money in good faith, without notice of the original contract. In other words, it was held therein that the subsequent transferee, even though he has obtained the transfer without notice of the original contract, cannot set up, against the plaintiff-agreement holder, any right defeating the rule of lis pendens, which is founded upon public policy. 14. So, I agree with the contention of the learned counsel for the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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