• Maharashtra Land Revenue Code, Section 31 Civil Section 100 CPC Suit for specific performance of contract and declaration Contention of the plaintiff that deceased had delivered possession of the suit property by executing possession receipt Parties agreed that sale-deed would executed, as and when original owner would obtain permission from competent authority to sell suit property Despite repeated request, sale deed could not be executed During pendency of suit, LRs had sold suit property to appellant on ist March, 1999, despite publication of notice in local newspaper by plaintiff on 4th February, 1999 – Even his witness. too, unequivocally admitted in cross that he knew about possession of plaintiffs over suit property since 1991 – These aspects not only belies and falsifies claim of appellant but also buttresses plaintiffs case – Therefore, appellant cannot be said to be bona fide purchaser of suit property without notice Appeal dismissed. [Paras 19, 20, 23, 25, 26 and 28]
Dattatraya vs Shri Dinkar SA 728/16 21/07/22 [ CHAVAN JJ ]
[ BOMBAY HIGH COURT ]