PREM PRAKASH, J. (for himself and on behalf of Hari Swarup J.) (Decision of Division Bench, D/-28-3-1977) :- Doubting the correctness of the decision of this Court in Ganga Charan v. Bans Bahadur Singh (AIR 1975 All 25) a learned Single Judge of this Court has made this referring order which posits the following: Whether Section 52 of the Transfer of Property Act is subject to 19 (b) of the New Specific Relief Act.

2. Section 19 (b) of the Act says that Specific performance of a contract may be enforced against (a) either party thereto; (b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.

3. The Counsel appearing on behalf of the subsequent purchaser has contended that until the suit of earlier contractor is decreed, the contract to sell and purchase between him and the vendor is nothing but an agreement which does not create any interest in immoveable property. The title to the property has validly passed from the vendor and resides in the subsequent transferee; the sale to the latter is not void but only voidable at the optio