BAIRAGI CHARAN SETHY Vs. KANGALI BEHERADIED

JUDGEMENT

(1.) The plaintiff has sought for review of the decision dated 26th August, 1993, in Second Appeal No. 351 of 1983.

(2.) T.S. No. 151/75 was filed by the present petitioner for specific performance of contract on the allegation that there was an oral contract for sale on 7-10-1974 between him and defendant No. 2, an agnatic relation and defendant No. 1 who is the husband of Defendant No. 2 and out of the consideration amount a sum of Rs. 100/- had been paid to Defendants 1 and 2 but no receipt had been obtained as Defendants 1 and 2 were relations. It was further claimed that subsequently, Defendant No. 3 purchased the disputed property on 5-11-1974 from Defendants 1 and 2 in spite of being aware of the earlier oral agreement.

(3.) Defendants 1 and 2 filed a joint written statement supporting the case of the plaintiff. Defendant No. 3 filed a separate written statement denying the alleged oral agreement. He took the plea that he was a bona fide purchaser of the property for value and without notice of the alleged oral contract.