Specific Relief Act, 1963–Sec. 19(b)–Rights of subsequent purchaser–Property was mort-gaged with the defendant no. 2 prior to execution of agreement in favour of plaintiff–Plaintiff did not make any prayer in the plaint to declare the sale deed dated 19.10.1978 null and void–Defendant no. 2 proved the fact that the plaintiff was having the knowledge of this earlier transaction–Plaintiff himself admitted the fact of animosity between him and defendant no. 2–Criminal litigation between the parties–Defendant no. 2 discharged his burden–He was in actual and physical possession of property–Trial Court committed error in drawing the adverse inference against defendant no. 2.
