VIJAYA SHRIVASTAVA Vs. MIRAHUL ENTERPRISES

JUDGEMENT

(1.) The Order of the Court was as follows :

(2.) In the said suits, the learned single judge framed the following issues:

(3.) By judgment and order dated 5th July 1996, the learned single judge decided all the issues in favour of the plaintiffs and granted specific performance of the agreement for immovable property. However, the learned single judge found that the conveyance dated 9.6.1987 executed by the defendant-developers in favour of defendant no.6 was collusive and accordingly the claim of defendant no.6 of being a bona fide purchaser for value without notice was rejected. By the said judgment, the learned single judge granted decree in respect of flat no. S-2 and flat no.S-1 respectively in favour of the original plaintiff. However, the learned single judge refused to grant decree for refund of the loan and, therefore, four appeals were filed before the division bench of the Delhi High Court bearing RFA (OS) Nos.29, 30, 41 and 42 of 1996. Even defendant no.6 joined the developers in their appeal and reiterated that he was a bona fide purchaser of a portion of the suit land for consideration without notice.