K.Harilal, J.

1. Whether an agreement for sale executed by a party to the lis, during the pendency of the suit is hit by the doctrine of lis pendens or not? This is the question that has been referred to this Full Bench for an authoritative pronouncement by the Reference Order. According to the Division Bench, which passed the reference order, section 52 of the Transfer of Property Act, 1882 (hereinafter referred to as the 'Act') is categoric, that the property cannot be transferred or 'otherwise dealt with' by any party to the suit, so as to affect the rights of the other. This is the view expressed in Kubra Bibi v. Khudaija Bibi [AIR 1917 Oudh 193]. In this decision, the court held as follows:

“The creation of a contract, capable of specific performance, though not an alienation by itself, is a mode of dealing with the property pregnant with the very mischief which section 52 of the Transfer of Property Act seeks to obviate.”

2. But, a Division Bench of this Court in Wellingdon B. and others v. D.Shyama Prasad and others 2014 (3) KHC 560 : 2014 (3) KLJ 697 took a different view and held as follows:

“In fact, the contention that Ext.A1 is unenforceable as it is hit by S.52 of t