Heard the learned counsel appearing for the respective

parties.

The plaintiff has filed the suit for the relief of

specific performance based on the agreement to the extent of 1

acre and out of that, based on the sale deed as well as the

Power of Attorney executed by the original owner, he has sold

- 4 -

the 30 cents of the property and remaining 20 cents of the

property, sale deed has not been executed and hence, notice

was issued and filed a suit for the relief of possession.

Defendant No.7 who is the appellant herein claimed that he is a

bonafide purchaser and he has purchased the property on

16.09.2010 to the extent of 20 cents.

The Trial Court having considered the pleadings of

both the parties framed an additional issue with regard to

whether he is a bonafide purchaser and the Trial Court also

while answering the additional issue No.1 in paragraph No.12,

taken note of admission given by the defendant No.7 that he is

aware about the previous agreement for sale and also taken

note of the further admission given by him that though aware

of the earlier agreement he felt that they are the selling the

property which is not the suit schedule property and different

property. H