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ARIJIT PASAYAT, S.H.KAPADIA
M. M. S. Investments, Madurai – Appellant
Versus
V. Veerappan – Respondent
Key Points: - After conveyance, the only question to be adjudicated is whether the purchaser was a bona fide purchaser for value without notice. (!) - The readiness and willingness aspect is considered of no consequence after conveyance, and the Specific Relief Act provisions are not applicable in that context. (!) - The purchaser’s entitlement hinges on proving they are bona fide purchasers for value without notice; readiness and willingness cannot give them relief post-conveyance. (!) - The High Court held that appellants could raise any issue on merits except the defense of readiness and willingness under Section 16(c) of the Act. (!) - The appeal was dismissed, with no order as to costs. (!)
JUDGMENT
Dr. ARIJIT PASAYAT, J.—
C.A.No. 418 of 2001
1.This appeal is directed against the judgment of the Madras High Court. Letters Patent Appeal was filed questioning correctness of the order passed by a learned Single Judge in A.S.No. 796/1987 dated 2.11.1999. The order was passed on a preliminary objection raised by the respondents in the appeal.
2.Background facts in a nutshell are as follows :
O.S.No.247 of 1981 on the file of the Sub Court, Madurai was filed by Veerappan, the first respondent for specific performance of an agreement for sale dated 23.1.1978. Respondents 2 to 9 were impleaded in the suit as owners of the property and it was alleged that the owners had entered into an agreement with him and as the agreement was not complied with, the suit was filed. After the decree was passed by the trial Court, the defendants through their power of attorney sold large extent of properties including the subject matter of the suit in favour of certain other persons who are the present appellants. In the mean time, defendants 1 to 5 filed appeal in A.S. No. 796 of 1987 before the High Court against the Judgment and decree in O.S. No. 247 of 1981 and the appellants herein being subs
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