HARISWARUP
Raj Singh – Appellant
Versus
Ram Nivas – Respondent
2. The suit has been filed by the plaintiff for specific performance of a contract of sale of an agricultural land. The contract was, according to the plaintiff, between him and Smt. Onkari. Smt. Onkari had agreed to transfer, her one-third share in the agricultural land and had taken an earnest money also in respect of the same. Defendant No. 7 obtained a decree against Smt. Onkari and in execution of that decree, during the pendency of the present suit, purchased her share in this very property at an auction-sale. As the defendant No. 7 acquired title in respect of this property, the plaintiff applied for impleading him as a defendant and he was impleaded as defendant No. 7. Defendant No. 7 then applied for striking out his name.
3. The court below has held that in view of Section 19 of the Specific Relief Act, the decree if passed will be enforceable even against the transferee unless he is a bona fide transferee for value without notice and because the plaintiff had alleged that the defendant No. 7 was not a bona fide transfer
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