Claim of bona fide purchaser for value without notice

Section 19 (b) of the Specific Relief Act, 1963 reads as follows:

(b) Any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract;

# CASE NOTES

# Bona fide Purchaser

A claim of bona fide purchaser for value without notice is in terms of Section 19(b) of the Specific Relief Act. This provision of Section 19(b) of the Specific Relief Act requires that before rights are claimed under this particular principle, it is necessary for the subsequent purchasers have to plead and prove that their actions are firstly bona fide and secondly that they do not have any notice of a previous transaction of transfer of title with respect to the suit property.

Also, in law, once title rights are transferred pursuant to Section 53A of the Transfer of Property Act, there does not arise application of Section 19(b) of the Specific Relief Act and which applies if there is only an ordinary agreement to sell which requires specific performance and not an agreement to sell under Section 53A of the Transfer of Property Act.

Object of Section 19(b) of the Specific Relief Act is to give precedence to a later sale deed of bona fide purchases for value without notice and not for giving precedence to transfer of later rights although rights in an immovable property has earlier already been validly transferred and in such a case it is the Section 48 of the Transfer of Property Act that will apply and not Section 19(b) of the Specific Relief Act. [Vaneeta Khanna Vs. Rajiv Gupta [Delhi High Court, 1 Oct 2015]

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