(1.) The questions of law arising for consideration in this revision are: (1) Whether a subsequent transferee of the property which was the subject matter of a suit for specific performance is entitled to invoke Sections 19(b), 22 or 28 of the Specific Relief Act; and (2) Whether a transferee against whom Section 52 of the Transfer of Property Act applies is entitled to be heard in opposition to the execution of the document and delivery of possession in favour of the decree holder.
(2.) The suit, O.S.No. 774 of 1993, on the file of the Court of the Subordinate Judge of Kozhikode was filed by the first respondent in this revision against respondents 2 and 3, for specific performance of an agreement for sale dated 30.5.1993, executed between the plaintiff and the first defendant. The second defendant was impleaded in the suit on the ground that he was a subsequent transferee. The suit was filed on 16.11.1993. Since the first defendant contended that he had transferred the property to the second defendant, he was impleaded as per order in I.A.No. 2147 of 1994 dated 21.3.1995. The second defendant contended in the written statement that he assigned the property to third parties.
(3.) The trial court passed a decree on 12.4.1996 for return of the advance amount and damages. The prayer for specific performance of the contract to transfer the property in favour of the plaintiff was declined by the trial court. The plaintiff filed A.S.No. 276 of 1997 before this Court challenging the judgment and decree of the trial court. This Court set aside the judgment and decree of the trial court and passed a decree for specific performance of the agreement for sale. This Court directed the plaintiff to deposit the purchase price within a period of two months. The amount was not deposited within time. C.M.P.No. 2726 of 2002 was filed by the plaintiff/decree holder for extension of the period for deposit of the purchase price. This Court allowed the prayer and time was extended by two weeks from the date of passing of the order dated 16.10.2002. On the basis of that order, the decree holder deposited the consideration for the transaction before the trial court on 28.10.2002.
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