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2003 Supreme(P&H) 647

VINEY MITTAL
Balwan Singh – Appellant
Versus
Mange Ram – Respondent


Judgment

Viney Mittal, J.

1. The defendants are in second appeal. They claimed that they are subsequent vendees without notice and for consideration and as such being bona fide purchasers are protected under law. They have claimed for setting aside the judgments and decrees of the learned Courts below whereby the suit filed by the plaintiffs for specific performance was decreed.

2. The plaintiffs had filed a suit for possession by way of specific performance of an agreement dated May 10, 1994. Consequentially, the relief of permanent injunction was also claimed. The plaintiffs filed the aforesaid suit on the averments that defendant No. 1 Suresh Kumar had agreed to sell the land in dispute to the plaintiffs through an agreement dated May 10, 1994. At the time of the aforesaid agreement, an earnest amount of Rs. 25,000/- was paid by the plaintiffs to defendant No. 1. The rest of the amount was agreed to be paid at the time of the execution and registration of the sale deed on or before June 15, 1995. Subsequently, through another agreement dated November 28, 1994 another amount of Rs. 15,000/- was paid as earnest money by the plaintiffs to the aforesaid defendant No. 1. The plaintiff















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