Bona fide purchaser for valuable consideration without notice--Scope--- Agreement to sell immoveable property-

 2021 SCMR 1241

Bona fide purchaser for valuable consideration without notice--Scope--- Agreement to sell immoveable property---Vendee failing to pay balance consideration within stipulated time---Vendor selling property to third party/petitioner---Whether petitioner entitled to protection under S. 41 of the Transfer of Property Act, 1882 and S. 27(b) of the Specific Relief Act, 1877---Held, that the sale was recorded by the Patwari and the transaction between the seller and petitioner stood finalized before the suit for Fact that the specific performance was filed by the vendee --- sale was subsequently sanctioned, when neither party thereto had repudiated the sale, would be of little significance as it was an administrative act of the revenue authorities, and one over which the petitioner and seller had no control---Petitioner had demonstrated that the transaction stood completed and the entire sale consideration had been paid before the suit was filed and he had also received possession of the land, therefore, he was entitled to the protection accorded to him by S. 41 of the Transfer of Property Act, 1882 and S. 27(b) of the Specific Act.