7 It is, however, submitted by the learned Counsel for the Plaintiffs that the Plaintiffs claim, apart from specific performance, a charge in respect of the suit flat under Section 55(6)(b) of the Transfer of Property Act, to secure the refund of the consideration admittedly paid by the Plaintiffs towards the purchase of the suit flat. Section 55(6)(b) of the Transfer of Property Act provides for a charge in favour of the buyer and as against the seller and or any person claiming under him to the extent of the seller's interest in the property for the amount of any purchase money paid by the buyer in anticipation of the delivery and for interest on such amount. The condition of such charge, however, is that the buyer should not have improperly declined to accept delivery of the property. Having regard to the prima facie conclusion recorded as above, namely, that the Plaintiffs have themselves cancelled the suit agreement for sale, declining to accept the delivery of the property, there is no question of the Plaintiffs claiming any charge on the suit flat. There is no question of such charge following the property or being enforceable against the subsequent purchaser of the seller's interest. Thus prima facie there is no case for claiming any charge in respect of the suit flat. The Plaintiffs have no case against Defendant No.4, who is prima facie accepted as a bona-fide purchaser for value without notice of the Plaintiffs' rights.
