Sir Shadi Lal:-

This appeal, which has been heard ex parte, raises the question of the application of the doctrine of lis pendens to a transfer of immoveable property, upon which the appellant founds his claim. The facts bearing upon the question lie within a narrow compass. The plaintiffs, who are respondents before their Lordships, were mortgagees of the property in dispute, and commenced in 1923 an action for the foreclosure of the mortgage against the mortgagor, Nurul Hassan, and one Ram Narain. They obtained, on 30th September 1924, a preliminary decree for foreclosure, which, after an unsuccessful appeal by Ram Narain to the Chief Court at Lucknow, was followed on 28th July 1926, by a final decree for foreclosure. The decree-holders then made an application for the recovery of the property by executing their decree, and obtained symbolical possession from the judgment-debtors. The appellant, Parmeshari Din, was, however, in actual possession of it, and he based his title to it upon a usufructary mortgage granted to him by Nurul Hassan on 15th February 1924, and upon a sale of the equity of redemption in February 1928, in execution of a money decree against the mortgagor. It wi