SARITA RANI Vs. DEEPAK RAJ

JUDGEMENT

(1.) Leave granted.

(2.) In a suit for specific performance, the trial court after appreciating the evidence on record, gave its findings on the issues arising in the case and decreed the suit. On appeal, the findings of the trial court were affirmed.

(3.) On a second appeal, the High Court upset the findings of the trial court as affirmed by the Appellate Court on two aspects, firstly, the question whether defendant no. 2 is a bona fide purchaser for a value and secondly, question whether hardship may result to the defendant-vendor and which had not been considered by the High Court and first Appellate Court.