...question of title, but he dismissed the appeal on the finding that the appellant was a bona fide purchaser in good faith. The first respondent preferred a second appeal to the High Court. The High Court...not given any finding on the question of title, but contented himself to dispose of the appeal on the ground that the appellant purchased the land in good faith from Mula Singh. The question of title was , therefore, left open and t...second appeal as the first appellate court had given no finding on the question of title. The finding that the appellant was a bonafide purchaser in good faith was not based upon any evidence and the...

...be enforced against (a) either party thereto; and (b) any person claiming under him by a title arising subsequent to the contract, except a transferee for value who has paid his money in good faith and without notice of the original...:(1) Whether Defendants 2 to 5 are bona fide purchasers of the suit property in good faith for value without notice of original contract; and...with Explanation II, it is rightly held by the trial court as well as by the High Court that Defendants 2 to 5 were not bona fide purchasers in good faith for value without notice of the original...

...petitioner is that petitioner is a bona fide purchaser in good faith of the aforesaid property vide registered sale deed dated 14.09.2007 executed by respondent nos.3 and 4. The petitioner has taken...

...: (i) Whether the bona-fide purchaser in good faith for value without having notice of original contract be entitled for getting exemption from specific performance of origina...Vimla Devi is said to have notice thus they can not be bonafide purchaser rather a collusive suit between Kailashi Devi and Mamta Devi on one hand Sri Jag Singh on another was instituted that will...therefore, as a bonafide purchaser they are entitled to protection. It is also submitted that for the fault of the plaintiff, such suit prolonged for over 15 years and now appellant is in the settled...

...filing a separate written statement stated that he is a bona fide purchaser in good faith of the whole property vide registered sale deed dated 19.05.2006 executed by Brij Mohan. The said sale...

...subsequent to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract. Section 19(b) protects the bona ...exception from the general rule and the onus is on the subsequent purchaser to prove that he purchased the property in good faith and also bona fide purchaser for value...onus of proof of good faith is on the purchaser who takes the plea that he is an innocent purchaser. Good ...

...his written statement alleging that he was a bona fide purchaser in good faith and had no notice of any agreement executed between the plaintiff and defendant No. 1 and, further denied that he was a...fide purchaser in good faith and had no knowledge about the two agreements executed between the plaintiff and the defendant No. 1 and further the Trial Court held that the plaintiff did not have...yard and therefore, the plaintiff had played a fraud in converting the agreement of loan into an agreement for specific performance. The Trial Court further found that the defendant No. 2 was a bona...

...before 15.04.2001 and further the second defendant is not a bona fide purchaser for value in good faith and that too without notice of Ex. A1 and all the documents filed on the side of the defendants...the contract from inception of Ex. A1 and second defendant is not a bona fide purchaser for value in good faith and that too without notice of Ex. A1 and therefore, the Judgment and decree passed by...follows:“It cannot be lost sight of that the plea of the second respondent/second defendant is one of bona fide purchaser for value without notice or knowledge of the original contract. In f...

...sum of Rs. 27,000/-. If so its effect? OPD4. If issue No. 3 is proved whether Gajjan Singh is a bona fide purchaser in good faith is protected under Section 41 of Transfer of Property Act...effect? OPD6. If issue No. 5 is proved, whether Gajjan Singh is a bona fide purchaser in good faith and is protected under Section 41 of Transfer of Property Act? OPD7...20.6.1983 If so, its effect? OPD8. If issue No. 2 isproved, whether Gajjan Singh and Tara Singh are bona fide purchasers in good faith and protected under Section 41 of Transfer of Property...

...worthwhile to mention that the question of good faith and a bona fide purchaser are questions of facts and the onus to prove good faith and bona fide purchaser ...interpreting Section 19 (b), held as under (Para 14) :“Section 19 (b) of the Specific Relief Act, 1963 protects the bona fide purchaser in good faith for...that they had no notice and that they were bona fide purchaser for consideration. Learned counsel has further argued that the Courts below have failed to take into account the statements made by the...

...of the Specific Relief Act, 1963 provides that a decree for specific performance against a subsequent purchaser for bona fide who has paid the money in good faith without notice of the original...deed in their favour apart from that he was in possession of the property as a tenant. In that context Their Lordships observed that subsequent purchaser cannot be said to be bona fide purchaser of...as the present case is concerned, it is apparent that the appellant who is a subsequent purchaser of the same property, has purchased in good faith but the principle of lis pendens will certainly be...

...sixth defendant is bona fide purchaser of the suit schedule property having paid her consideration in good faith and without notice of the original contract? and...issues were also framed viz.:(1) Whether Defendant 6 is a bona fide purchaser of the suit property for value without notice of the suit agreement of sale...to Section 19(b) of the Act, the plaintiff could not be granted specific performance of the contract as against the said respondent who was a subsequent bona fide purchaser for value and without...

...ownership cannot be permitted to set up his real ownership to defeat the rights of a bona fide purchaser acting in good-faith and who despite reasonable enquiries could not discover such real ownership.... It is, therefore, the conduct of the real owner which gives rise to an enquiry in favour of a bona fide purchaser acting in good faith. S. 41 is a statutory recognition of this equitable rule..., cannot be permitted to set up his real ownership to defeat the rights of a bona fide purchaser acting in good-faith and who despite reasonable enquiries could not discover such real ownership. Thus, it...

...prove that he is a transferee in good faith, for as was pointed out at page 1067 by Tyabji, J., section 64 of the Indian Trusts Act does not allow trust property in the hands of a bona ...Limitation Act, 1859, which distinguishes between a purchaser and an assignee of a mortgage and again between a purchaser in good faith and a bona fide ...faith” which appeared in this article in the Limitation Act of 1871 as well as in the corresponding article of the Limitation Act of 1859, the purchaser must show that he purchas...

...court dismissed the suit holding that the agreement was genuine and the appellant was a bona fide purchaser for value paid in good faith, without notice of the earlier agreement, therefore, no decree for...Specific Relief Act, 1963 (hereinafter called “the 1963 Act”) to Respondents 2 to 6 that they were bona fide purchasers for value and paid money in good faith without notice of the earlier contract...sale were bona fide purchasers of the suit property in good faith for value without notice of original contract and whether they were not required to make any inquiry as to the equitable or further...

...of the property, the appellant purchased the property bona fide. Therefore, the contention of the appellant is that the property cannot be taken from the appellant as the appellant is a bona fide purchaser...appellant relied on Section 2(2)(e) of the Act wherein the property of a bona fide purchaser in good faith for adequate consideration is exempted.../1998 and it was held by this Tribunal that since the purchase of the property after issuance of the show cause notice is illegal, he cannot be treated as a bona fide purchaser and, therefore, he will...

...defeat or delay creditors, and (2) assuming the sale was voidable under Section 53(1) of the Transfer of Property Act whether the plaintiff was a bona fide purchaser in good faith, as distinct and...fide purchaser for value so as to be protected by the second para of Section 53(1) reading:“Nothing in the section impairs the rights of the transferee in good faith and...purchaser in good faith and for valuable consideration and was therefore protected and even on the basis that the transferor intended, by the alienation, to defraud his creditors; (4) that on a proper...

...purchaser in good faith nevertheless acquires a good title to the property. As a matter of construction (although this point does not now arise) it would follow that, even’ in regard to a sale held after the date o...bona fide purchaser in good faith of an insolvent's property at an execution sale held after the order of adjudication acquires a good title against the receiver-in-insolvency, even though such...in lieu of dower has now been found to be invalid and if the property never vested in the court or the receiver the rights of a bona fide purchaser would not be affected. The Legislature evidently had...

...first party. Therein he admitted receipt of a sum of Rs 15,000 only by way of payment as earnest money or part consideration. The defence of defendants second party was that being bona fide purchaser for value and having pa...breach of any of the terms embodied in the agreement?(6) Are defendants second party bona fide purchasers for consideration without notice...plaintiffs. The three issues are answered accordingly”. On Issue 6 the trial court held that defendants second party had failed to prove that they had paid the consideration money in good faith and without...

.... In this view of the matter, defendant No. 1 is also a bona fide purchaser in good faith. The lower appellate Court did not discuss this question in length. The learned Additional...sale deed in favour of defendant No. 2 executed by the plaintiff was a real and bona fide transaction, it having been executed for the purpose of discharging the previous debts of the plaintiff.... But, in his opinion, as there was no evidence either that the plaintiff gave his consent to defendant No. 2 to execute the sale deed Ext. B/l or that defendant No. 1 acted in good faith...