BAKHSHISH SINGH Vs. KANWAR SHAMSHER SINGH

JUDGEMENT

(1.) THE appellant herein was defendant No. 1 before the trial Court. Besides him, Smt. Gopal Kaur widow of Sher Singh and Balkar Singh son of Sher Singh, were also the defendants. They are arrayed as respondents No. 2 and 3 in the present appeal. Service on them was dispensed with by the order dated 23.3.1981 of this Court as they were not the contesting respondents.

(2.) THIS second appeal is against the Judgment and decree dated 4.1.1980 passed by the 2nd Additional District Judge, Gurdaspur in the matters of suit for specific performance on an agreement dated 5.2.1976 of sale of land measuring 5 Kanals 2/2(1-16) and Rect. No. 25 Killa No. 3 (4 Kanals out of 8 Kanals) and comprised in Khewat No. 13 Khatauni No. 15, i.e. 5 Kanals 15 Marlas out of 9 Kanals 16 Marlas situated in the area of village Chhina Retwala, Tehsil and District Gurdaspur (b) Land measuring 5 Kanals 18 Marlas comprised in Khewat No. 14 Khatauni 16 and 17 Rect. 20 Killa 23/1/1 min (3-5) Killa 23/1/1, min(2-13) situate in the area of village Chhina Retwala, Tehsil and District Gurdaspur.

(3.) THE appellant contested the suit on the ground that he is a transferee for value who had paid his money in good faith without the notice of the prior transaction. He thus sought protection by virtue of the provisions of Section 19(b) of the Specific Relief Act, 1963.