Specific Relief Act, 1963:

Section 19(b)-Prior agreement to sell the suit premises between Defendant No. 1 and plaintiff after taking advance payment-Sale deed to be executed within 90 days after payment of entire sale consideration-Later same suit premises was sold to Defendant Nos. 2 to 5 by Defendant No. 1- Suit for specific performance by plaintiff-Decreed by the trial court and upheld by the High Court-On appeal, held, Section 19(b) protects the bona fide purchaser in good faith without notice of the original contract-In view of Section 19(b) and definition of "notice" under Transfer of Property Act, it is rightly held by the trial court as well as by the High Court that Defendants 2 to 5 were not bona fide purchasers in good faith for value without notice of the original contact-Penal Code, 1860, Section 52- General Clauses Act, 1897-Transfer of Property Act, 1882, Section 3 Explanation II.

Words and Phrases:

Notice-meaning of-In the context of Section 3, Explanation 11 of the Transfer of Property Act, 1882.

Good faith-Meaning of-Section 3 (22) of the General Clauses Act, 1897.