1923 (1) TMI 2

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....ff's favour on April 2, 1907, to sell the land to the plaintiff. On September 4, 1907, Nazukbi agreed to sell the land to one Chimaji. Chimaji obtained a sale-deed on October 18, 1907. The plaintiff obtained his sale-deed on November 29, 1907. All those documents were registered. The defendants purchased the land from Chimaji on July 28, 1914. On August 2, 1919, the plaintiff filed this suit t....

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.... onus lay upon Chimaji, or the defendants claiming through him, to prove that they had no notice of the prior agreement, and the case of Himatlal Motilal v. Vasudev Ganesh I.L.R. (1912) 36 Bom. 446 : 14 Bom. L.R. 634 was relied upon. That case must depend upon its own facts, and from the judgment it appears that the lower Court had come to the conclusion that the appellants-defendants had knowledg....