Land purchased by defendants with full knowledge of existence of previous agreement - They could not be said to be bona fide purchaser

Citation

AIR 2006 PUNJAB AND HARYANA 154

PUNJAB AND HARYANA HIGH COURT

(Principal Seat at CHANDIGARH)

H. S. BEDI , J. and VINEY MITTAL , J.

L. P. A. No. 935 of 1988, D/- 7 - 7 - 2005

Baj Singh and Ors v. Ravinder Singh and Ors

Specific Relief Act (47 of 1963), S.10 - Suit for specific performance - Agreement to sell -

Admittedly agreement entered with two purchasers, earnest money paid and possession of some

portion was given to plaintiff - Other purchaser backed out of his part of agreement and even

took back earnest money - It would not affect right of plaintiff to purchase land - Agreement

specifically provided that in such condition plaintiff would have right to purchase entire land -

Plaintiff was ready and willing to perform his part of agreement - Land purchased by defendants

with full knowledge of existence of previous agreement - They could not be said to be bona fide

purchaser - Plaintiff entitled for specific performance of agreement.

 (Paras 10 , 11)