MUNNI DEVI Vs. NATTHU SINGH

JUDGEMENT

(1.) N. L. Ganguly, J. An objection under Section 47, C. P. C. was tiled in the execution proceedings. Civil suit was filed by the plaintiff Natthu Singh against Ram Chandra, opposite party for specific performance for sale which was decreed on 4-2-1981. It was directed in the decree that the defendant-opposite party shall execute the sale-deed after receiving the balance amount within one month from the date of the judgment. It was fur ther stated that in case the judgment-debtor fails to execute the sale deed the sale deed may be executed through the court. The judgment of the trial court was affirmed in appeal. The decree holder- plaintiff had not deposited the balance of sale consideration within the prescribed period. The plaintiff- decree holder moved application for extension of time which was rejected on 19-10-1982. Against the said order of the rejection, a revision was filed by the plaintiff which was allowed by the revisional court and the revisional court was pleased to extend the time for depositing the balance of sale consideration.

(2.) DURING the pendency of the civil revision, the objector Smt. Munni Devi purchased the property in question by the registered sale deed on 11-4-1983.

(3.) AFTER hearing the learned counsel for the petitioner who submitted and repeated the arguments, advanced in the court below that the objector had no information or notice of the pendency of the suit, purchased the property as a bonafide purchaser, as such the provision of Section 52 of T. P. Act would not be attracted.