N. CHINNAPAREDDI Vs. TANDAYI SUBBAIAH

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the concurrent judgments and decrees of the courts below holding that the respondents herein are entitled to the benefit of Section 53A of the Transfer of Property Act and that the plaintiff had notice of the agreement of sale in favour of the respondents' vendor.

(2.) The brief facts of the case are : The admitted owner of the suit property was one Mahimaluru Venkatappayya, DW 2. He executed an agreement of sale Ex. B.2 dated 21-4-1958 in favour of Vaddineni Venkata Ramana Rao DW 1 and put him in possession thereof. No sale deed however was executed and registered in his favour pursuant to that agreement of sale. DW 1 in turn executed a registered sale deed, Ex.B.1 dated 23-8-1963, in favour of the present defendants-respondents and put them in possession. Thereafter the plaintiff purchased the said lands on 10-10-1962 from DW 2 under a registered sale deed Ex.A.1. When in pursuance of the sale deed he went to take possession of the lands, he was obstructed by the defendants, which necessitated the present suit for declaration of title and recovery of possession.

(3.) The defendants in support of their right to continue in possession pleaded part performance of the agreement of sale, Ex. B. 2 and also alleged that the plaintiff had notice of this prior agreement of sale (Ex.B.2) as well as the sale deed, Ex.B. 1 in their favour. Both the courts below have come to the conclusion that the plaintiff is not a bona fide purchaser for value without notice of the prior agreement of sale in favour of the defendants' vendor, and in that view dismissed his suit with costs.