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of <h1>Appeal for Specific Performance Denied Due to Lack of Proof of Defendant's Prior Knowledge</h1> The court dismissed the appeal seeking specific performance of a contract for the purchase of land, emphasizing defendant 3's bona fide purchase status ... - Issues:- Suit for specific performance of a contract- Validity of deed of agreement- Claim of fraudulent sale deed by defendant 3- Contesting defendant's status as bona fide purchaser- Onus of proof regarding prior contract knowledge- Delay in filing the suitAnalysis:1. The plaintiff filed a second appeal seeking specific performance of a contract dated 16-6-1969 with Ramyaad Singh for the purchase of land. The plaintiff alleged that Ramyaad Singh fraudulently sold the land to defendant 3, denying the plaintiff's legal right based on the deed of agreement. The plaintiff claimed to have advanced earnest money and repeatedly requested the defendants to execute the sale deed, which they failed to do.2. Defendant 3 contested the suit, claiming to be a bona fide purchaser without knowledge of any prior contract. Defendant 3 alleged that the deed of agreement was forged and fabricated, orchestrated by defendants 1 and 2 to defeat his title based on sale deeds from Ramyaad Singh. The trial court dismissed the suit, finding the plaintiff's evidence suspicious and placing the onus on the plaintiff to prove defendant 3's prior knowledge.3. The court of appeal upheld the trial court's decision, emphasizing defendant 3's bona fide purchase status and lack of prior knowledge of the alleged contract. The court considered the delay in filing the suit as a factor against the plaintiff, leading to the dismissal of the appeal.4. In the second appeal, the plaintiff argued that the onus was wrongly placed on him and defendant 3 should prove lack of knowledge of the prior contract. The plaintiff contended that the delay in filing the suit should not be a decisive factor. However, the court upheld the lower courts' decisions, stating that the onus shifted to the plaintiff due to the denial of prior contract knowledge by the defendants.5. The court analyzed the pleadings and evidence, concluding that the lower courts correctly placed the burden of proof on the plaintiff. The court found that defendant 3 denied knowledge of the prior contract, justifying the onus shift. Additionally, the court deemed the delay in filing the suit not fatal as long as within the limitation period, dismissing the appeal based on these findings.6. Ultimately, the court dismissed the appeal, noting that the delay factor, though wrongly emphasized by the lower court, did not alter the main legal aspect. The court upheld the decision that the onus of proving defendant 3's prior knowledge rested on the plaintiff, leading to the denial of specific performance of the contract.
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