GURUSWAMY NAIDU Vs. P. KANNIAPPA NAIDU

JUDGEMENT

(1.) When the rights of subsequent purchaser will prevail over the rights of the prospective purchaser, i.e., the person, who holds a prior "agreement to sell"

(2.) Defendants 10 and 11 are the appellants. The plaintiff-Kanniyappa Naidu filed a suit in O.S.No.23 of 1987, seeking the relief of specific performance in respect of A and B Schedule properties. The plaintiff claimed such a relief based upon Ex.A-1-sale agreement. The trial court dismissed the suit, holding that, (a) the sale agreement under Ex.A-1 is not proved; and (b) the appellants, i.e., defendants 10 and 11 are the bona fide purchasers for value, without notice of Ex.A-1-sale agreement.

(3.) Brief facts:-