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1960 Supreme(Ori) 85

J.K.MISRA
DHADI DALAI – Appellant
Versus
BASUDEB SATPATHY – Respondent


Advocates Appeared:
B.K.PAL, B.K.Ray, M.MOHANTY

J. K. MISRA, J.

( 1 ) THE plaintiff, who was successful in the trial Court but lost in the first appeal, is the appellant here. Defendant No. 1 is a purchaser of the suit property from) defendant No. 2, a widow, and her daughter defendant No. 3, through a registered instrument (Ext. B) executed and registered on 18-8-54 for a consideration of Rs. 1000/- paid in cash. Defendant No. 2 inherited the suit property from her husband and was in possession thereof. On 25-7-54 the plaintiff got from defendant No. 2 an unregistered agreement for sale of the suit land for a consideration of Rs. 1300/- on payment of Rs. 300/- in cash and with a promise to pay the residual money later on. It was about 20 days after this agreement for sale in the plaintiffs favour, defendant No. 2 executed the registered sale deed in favour of defendant No. 1 with the concurrence of her only issue defendant No. 3. Shortly thereafter, the plaintiff brought a suit for specific performance. Defendant No. 2 did not contest the suit. Defendant No. 3 supported the case of defendant No. 1. Defendant No. 1's case was that he had no notice of the earlier agreement for sale and ho was a bona fide purchaser for value. His






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