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MST. BILQUIS AKHTAR versus MST. RASHIDA BEGUM


Specific Relief Act 1877 Sections 12 and 27 (b) apply for the Bona Fider Buyer Principle for consideration without notice, the specific performance case for the sale of the contract was filed. During the approval of the suit, the property was sold in favor of the defendant. The defendant resisted the lawsuit at the request of the Bona Fider buyer for valuable consideration without notice of the previous contract. He contracted the purchase with the owner of Rs 1,25,000 and the owner received Rs 25,000, while the sale process prepared by the defendant was for an amount of Rs 18,000. , The two courts respectively rejected the plaintiff's claim that the defendant knew of the prior agreement between the owner and the plaintiff, therefore, the lower courts wrongly filed the defendant's cell in front of the registrar. Was registered, I had no mention of the sale agreement, nor was it mentioned in the statement in the witness box about receiving the balance consideration amount. Whether he was not aware of it. In the present case, in the previous agreement to execute on behalf of the owner in favor of the claimant, the owner knew of the contract when he had a contract with the claimant in his favor before executing the sale. The benefit of section 27 (b) of the Special Relief Act, 1877, which could not be sustained, the High Court set aside such a finding and declared to the defendant that it was worth considering without notice. The buyer was judged and the orders passed by both the courts were set aside and the verdict was given in favor of the plaintiff.

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