1976 (11) TMI 212

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....decree for a sum of Rs. 127/-should be passed in his favour in respect oil the earnest money which was paid by him to the defendants Nos. 1 to 3. The nature of the controversy will appear from the following passage which has been extracted from the judgment of the lower appellate court; "the plaintiff brought the suit with the allegations that the plots in suit belonged to Jhaga father of defendants 1 to 3 (appellants 2 to 4), that the suit under Section 209 of the U. P. Act 1 of 1951 against one Bhikam was decreed by the learned Revenue Court as well as by the Commissioner's Court; that Jhaga died during the pendency of the appeal in the Commissioner's Court and defendants 1 and 3 were substituted and the appeal was decide....

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....udgment and decree and rejected the plaintiff's claim for specific performance. However, a decree for a sum of Rs. 127/- was passed in his favour against the defendants Nos. 1 to 3, with interest, pendente lite and future at the rate of 4% per annum on the principal sum of Rs. 100/-. The plaintiff has now come up in the instant second appeal. 3. The lower appellate court allowed the appeal on a finding that the defendant No. 4, Ram Govind, who is the respondent No. 1 before me, was a bona fide purchaser for value without any notice of the agreement (Ex. 7) and that he was entitled to the benefit of Section 41 of the Transfer of Property Act. The lower appellate court also held that the trial court had erred in holding that the plaint....

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....n ostensible owner and we are not concerned here with any such situation. It is a suit where the real owners and not the ostensible owner transferred the property, but did so in favour of a party who came on the scene subsequent to the plaintiff who had obtained a prior agreement for the sale of the property. Learned counsel, therefore, correctly drew my attention to Section 19(b) of the Specific Relief Act which lays down as under: "19 Except as otherwise provided by this Chapter specific performance of a contract may be enforced against: (a) ................. (b) any other person claiming under him by a title arising subsequent to the contract, except a transferee for value who has paid his money in good faith a....