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1970 Supreme(All) 81

M.H.BEG
Jhandoo – Appellant
Versus
Ramesh Chandra – Respondent


Advocates:
G.P. Bhargava and A.N. Bhargava, for Appellants; Ramashanker Mishra, for Respondents.

JUDGMENT : This is a defendants' second appeal arising out of a suit for specific performance of a contract dated 29-6-1956 to sell some plots of land and a house for a sum of Rs. 5000/- to the plaintiffs by their owner Deo Karan, the father of defendant-respondent No. 3, Smt. Sukhdei. An amount of Rs. 4000/-was paid at the time of the execution of the agreement for sale. Subsequently, this very property was sold to the defendants-appellants on 2-7-1956. In the suit for specific performance, filed on 26th of May, 1959, the plaintiffs impleaded the vendor, Deo Karan, with whom they had entered into the contract of sale and to whom they had paid Rs. 4000/- and also the subsequent transferees, the defendants-appellants, Jhandoo and Chhittar, who claimed to be bona fide purchasers for value without notice of the prior agreement for sale. Both the courts below have held that the defendants-appellants had notice of the agreement to sell between the plaintiffs-respondents and Deo Karan, now represented by his heir Smt. Sukhdei, defendant-respondent No. 3. It is true that the finding that the appellants had notice of the prior agreement to sell in favour of the plaintiffs-respondents is ba



















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