Bona fide purchasers are protected even in the absence of notice of prior unregistered agreements, and specific performance is unenforceable for such agreements.

1. This appeal is preferred by the appellant challenging the judgment dated 06.03.2023 and decree dated 15.03.2023 delivered by Learned Civil Judge(Sr. Div), Court No.1, West Tripura, Agartala in connection with case No.TS No.58 of 2018.

2. Heard Learned Counsel, Mr. B. Saha and Learned Counsel Mr. Samarjit Bhattacharjee for the appellant - plaintiff and also heard Learned Counsel Mr. S. Lodh for the respondent No.1 and Learned Counsel Mr. A. Sengupta for the respondent No.2.

3. Now before coming to the conclusion, let us discuss about the subject matter of dispute cropped up amongst the rival parties. The appellant - plaintiff filed a suit under S.31 of Specific Relief Act for cancellation of registered sale deed bearing No.1-5075 and under S.39 of Indian Contract Act for specific performance of Contract read with S.73 of the Indian Contract Act and for compensation for the loss and damage caused by breach of contract.

4. The case of the appellant - plaintiff, in short, was that the defendant No.1 i.e. the respondent No.1 herein was the actual owner and possessor of the suit land. The appellant - plaintiff was tenant under defendant No.1 and from the month of May, 2001 he is staying in the residence of defendant No.1 as tenant i.e. within the suit premise. During the continuance of tenancy on several occasions the defendant No.1 took loan of Rupees Fifteen Lakh from the appellant - plaintiff and for that, on 29.01.2017, the defendant No.1 entered into an unregistered agreement for sale of the suit land with the appellant - plaintiff in consideration of the amount of Rs.40,00,000/-. Accordingly, the appellant - plaintiff paid Rs.5,00,000/- to the defendant No.1 on the date of execution of unregistered deed of agreement. Thus, a sum of Rs.20,00,000/- was paid by the plaintiff to the defendant No.1. As per terms and conditions, the period of agreement was for a period of one year and six months i.e. from 29.01.2017 to 27.07.2018. It was further agreed that the rest amount of Rs.20,00,000/- would be paid by the plaintiff within the aforesaid period and on payment of the rest amount, the respondent - defendant No.1 shall execute and register a deed of sale of the suit land in the name of the plaintiff. Thereafter, on elapsing of fifteen months, on 01.05.2018, the plaintiff - appellant verbally approached the defendant No.1 to execute the registered sale deed in respect of the suit land in his favour, but the defendant No.1 refused to do the same.

5. Being aggrieved, on 05.05.2018, the plaintiff had sent one legal notice to the defendant No.1 but the defendant No.1 neither replied to the said notice nor contacted with the plaintiff. On 13.05.2018, the appellant - plaintiff could know that the defendant No.1 has sold out the suit land to the respondent - defendant No.2 through a registered sale deed bearing No.1-5075. Accordingly, the appellant - plaintiff filed the suit for specific performance of contract and for cancellation of the sale deed, permanent injunction and for damages for the harassment caused to him. It was the further case of the appellant - plaintiff that the defendant - respondent No.2 had knowledge about the fact, intentionally purchased the suit land knowing fully the possession of the plaintiff - appellant over the suit land. Hence, the appellant - plaintiff filed the suit.

6. On receipt of summons, the respondent - defendant No.1 did not appear before the Court nor filed any written statement denying the claim of the appellant - plain