HEM CHANDRA DE SARKAR Vs. AMIYABALA DE SARKAR

JUDGEMENT

(1.) In this case the plaintiff-appellant before us sued the defendant No. 1, his great aunt (making two other ladies defendants) on the allegation that on the 11 January, 1919 she executed in his favour a bainapatra whereby she agreed to sell her interests in certain lands and in the ancestral house of both parties and took from him Rs. 200 advance out of the purchase price Rs. 500, but that on the 21 January she sold most of her interests in the said properties to the other two lady-defendants and refused to convey the properties to him. Defendant No. 1 pleaded that she was hard pressed to satisfy her debts and the plaintiff delayed the completion of the transaction and so on the advice of the husband of defendant No. 2, she sold her interest partly to defendant No. 2 and partly to another lady-defendants No. 3, a certain amount being kept back out of the purchase price to compensate the plaintiff for the breach of contract.

(2.) Both defendants Nos. 2 and 3 denied the genuineness of the bainapatra of the plaintiff and claimed they were bona fide purchasers without notice.

(3.) The first Court found that the baina-patra was genuine and that the defendants Nos. 2 and 3 were not bona fide purchaser without notice and decreed the suit.