When there was no positive evidence to show that subsequent purchasers entered into sale agreement and sale deed in respect of substantial portion of suit property with knowledge of suit sale agreement, it can be considered that subsequent purchasers were the bona fide purchasers for value - Vendees entitled to refund of amount paid towards advance.

Citation

AIROnline 2023 MAD 640

Madras High Court

S. S. SUNDAR , J. and A. A. NAKKIRAN , J.

A.S. - 385 of 2015 D/- 15 - 6 - 2023

Karanam Venkata Subbaiah v. P.RL. Thangavel Chettiar (Died)

(B)Specific Relief Act (47 of 1963), S.19(b)

- Suit for specific performance - Bona fide

purchaser - When there was no positive

evidence to show that subsequent purchasers entered into sale agreement and sale deed in respect of substantial portion of suit property with knowledge of suit sale agreement, it can be considered that subsequent purchasers were the bona fide purchasers for value - Subsequent purchasers entitled to protection under S. 19(b). (Para 13) 

(C)Specific Relief Act (47 of 1963), S.22 -

Refund of earnest money - Rs. 11 Lakh were refunded to plaintiff-vendee - Receipt of Rs. 15 Lakh signed by another vendee specifically disputed - Plea of vendees that there was no refund of Rs. 15 Lakh - Specific case of agent that said amount was refunded but agent was not examined - Vendees entitled to refund of amount paid towards advance.

 (Para 16)