MANI Vs. BATCHA SAHIB

JUDGEMENT

(1.) Mani, the third defendant in the suit is the appellant herein.

(2.) Batcha Sahib, the plaintiff, the first respondent herein filed a suit in O.S.No. 721 of 1987 on the file of the District Munsif, Tirukoilur against Palanivelu and Anjalai Ammal, the defendants 1 and 2 and also against the appellant/third defendant for specific performance to execute the sale deed as per the sale agreement dated 21.6.1985 and for mesne profits. The respondents 2 and 3, the defendants 1 and 2 filed a written statement and contested the suit denying the execution of the said sale agreement. The appellant/third defendant also filed a separate written statement contending that he purchased the suit property as per the sale deed dated 19.12.1986. Therefore, the suit was liable to be dismissed, as the appellant is the bona fide purchaser for value.

(3.) The trial Court after considering the evidence, dismissed the suit holding that there is no sale agreement executed by the defendants 1 and 2. The plaintiff, the first respond- .ent preferred an appeal in A.S.No. 42 of 1996 on the file of the Principal District Judge, Villupuram. After hearing the counsel for the parties, the lower appellate Court allowed the appeal by decreeing the suit in favour of the plaintiff. Hence, this second appeal by the third defendant, the bona fide purchaser, the appellant herein.