R.Jayasimha Babu, J.: The appeal arises from a suit for specific performance. That suit was filed on the basis of an agreement dated 4.7.1974 under which the first defendant in the suit had through her husband and power of attorney holder contracted to sell a house property for a sum of Rs.30,000. Though the trial Court dismissed that suit, that suit has been decreed by the learned single Judge of this Court. The suit had been dismissed by the trial Court even after holding that the agreement was genuine that the defendants had set up a false story that the second defendant had signed the agreement in a stupor induced by consumption of liquor. The suit was dismissed on the ground that the subsequently added defendant who is the appellant before us was a bona fide purchaser for value and, therefore, no decree for specific performance could be passed against him.

2. That subsequent purchase by the appellant was on 5.5.1975, two days after the suit for specific performance was filed, the suit having been filed on 3.5.1975. The trial Court did not consider the applicability of Sec.52 of the Transfer of Property Act to this transaction. In appeal, the learned single Judge while upholding

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