Specific Relief Act, 1963–Sec. 12–Transfer of Property Act, 1882–Sec. 52–Decree of refund of the amount of Rs. 40,000/- –High Court observed that the sale deed executed in favour of subsequent purchaser-defendant no. 2 was hit by the doctrine of lis pendens and he was not the bonafide purchaser and passed the decree of specific performance–Suit was filed on 24.12.1998 and sale deed was executed on 08.01.1993 by the defendant no. 1 in favour of defendant no. 2–FIndings of Trial Court that the agreement was not the result of fraud or collusion, attained finality–Plaintiff could not have been non-suited only on the ground that defendant no. 2 had no notice of the agreement between the parties–No error is found in the impugned judgment passed by the High Court.
