litigation or otherwise. The release deed in favour of defendant No. 2 and sale deed in favour of the appellants were subject to outcome of suit for injunction that was eventually dismissed by the Court. In this view of the matter, findings of the courts to reject plea of bona fide purchaser of the appellants on account of pendency of suit for permanent injunction are not based upon any legal ground, thus, unjustified.” 11. While allowing the second appeal, the High Court though has upheld the concurrent findings as to the execution of the agreement to sell, and that the appellant had paid Rs. 2.50 lakhs as earnest money to respondent no. 3. Consequently, the High Court gave the alternate relief to the appellant, as indicated above. 12. On behalf of the appellant, we have heard learned counsel Mr. Rameshwar Singh Malik, Sr. Advocate and Mr. Narender Hooda, Sr. Advocate on behalf of respondents 1-2. Though service by way of publication9 was done for respondents 3 and 4, they have not