(1.) THE plaintiffs who lost in both the courts below are the appellants herein. The suit O.S. No. 1175 of 1978 was filed in the District Munsifs' Court, Villupuram, for passing a preliminary decree and final decree directing the defendants to pay the plaintiffs, personally and also out of the charged properties set out in the plaint, a sum of Rs.4,142.50, stating as under: -
(2.) THE third respondent being a subsequent purchaser had been made a party to the proceedings.
(3.) THE second respondent adopted the written statement of the first respondent. The subsequent purchaser, viz., the third respondent, contested the suit on the following grounds: After negotiations, he purchased the suit property for Rs.19,000 on 9.1.1979 from respondents 1 and 2. On the date of the sale deed, he paid a sum of Rs.4,000 to respondents 1 and 2 and out of the balance, he discharged the Co -operative Urban Bank loan of Rs.5,000 due from respondents 1 and 2 and the balance of Rs. 10,000 was agreed to be paid at the time of registration. He had no knowledge of the alleged transaction between the appellants and respondents 1 and 2. After receiving the balance of Rs. 10,000, respondents 1 and 2 duly registered the sale deed in his favour. He also discharged the loan due to the Bank. After sale, he took possession and he was in enjoyment of the suit property. He wa a bona fide purchaser for value without notice. The appellants had no right to a charge over the property. The claim under the promissory note Exhibit A -2 would not be clubbed with the other claim. The prayer for personal decree against him was also untenable. There was no privity of contract or privity of interest between him and the appellants and the suit therefore had to be dismissed.