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1982 Supreme(AP) 250

P.KODANDA RAMAYYA, CHENNAKESAVA REDDY
Teluguntla Hema Bala Sundari – Appellant
Versus
Pandiri Sakuntalamma – Respondent


CHENNAKESAV REDDI, J.

( 1 ) QUESTIONS of considerable importance fall for discussion and decision in this Civil Miscellaneous Appeal which arises out of proceedings in execution. Broadly stated, they are: (i) Whether a charge created by the operation of Section 55 (4) (b) of the TRANSFER OF PROPERTY ACT, 1882 for the unpaid purchase money in a decree for specific performance can be enforced by bringing the property to sale without a further suit under Order 34 Rule 14 of the Code of Civil Procedure? (ii) Whether an application under Section 47 of the Code of civil Procedure is maintainable when the issue involved for decision is not one arising between the parties to the suit in which a decree was passed, but one arising between two auction purchasers representing the same person in different suits? (iii) Whether the Doctrine of Lis Pendens incorporated in section 52 of the TRANSFER OF PROPERTY ACT, 1882 can be invoked to invalidate involuntary alienations such as execution-sales to enforce a compromise decree in a suit then pending?

( 2 ) THE essential and relevant facts giving rise to the questions may be briefly stated: Once Teluguntla Yesoda Ratnam obtained a decree for money in


































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