Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreement to sell ---Maintainabilty--­Plaintiff in support of his case had deposed that there was oral agreement of sale between him and the vendor and had produced receipt which showed that amount of sale consideration was agreed to be specified amount out of which a part was paid and balance of consideration amount was to be paid on verification of documents---Plaintiffs evidence having gone unchallenged, agreement for sale of property in question between plaintiff and vendor stood established as also the fact that vendor had failed ton perform his part of the agreement---Suit for specific performance of agreement to sell was, thus maintainable. (b) Specific Relief Act (I of 1877)--- ----S. 27(b)---Transfer of Property Act (IV of 1882), S. 41---Subsequent bona fide purchase for consideration without knowledge of earlier agreement of sale---Defendant (purchaser) had deposed on oath that transaction of sale between him and vendor was in all respects complete and final transfer to him had been withheld only because of an order passed in the suit---Defendant had also deposed on oath that he had no knowledge of earlier agreement whereby vendor had agreed to sell property in question to plaintiff---Defendant's statement to that effect remained uncontroverted---Defendant had thus, discharged the burden which was on him of showing that he purchased property in question without knowledge of prior agreement between plaintiff and vendor---Provision of S.27(b), Specific Relief Act, 1877, was, thus, not applicable and plaintiff was not entitled to decree for specific performance against defendant (vendee). (c) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell---Plaintiff's agreement for sale of land in question, although was earlier in time, yet subsequent sale to bona tide purchaser for consideration, who had no knowledge of earlier agreement of sale and who was also in possession on basis of his sale agreement, disentitled plaintiff to decree of specific performance of agreement for sale of such property---Plaintiff, however, was entitled to…

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