A transferee pendente lite is bound by a decree passed against the transferor and cannot obstruct or resist the execution of such decree.

1. - Instant revision has been filed against the order dated 9.9.1997 of the executing court whereby objections of the petitioner preferred under Section 47 read with Order 21 Rule 97, Civil Procedure Code were dismissed.

2. In view of Order 21 Rule 103, Civil Procedure Code the impugned order amounts to a decree therefore I propose to deal with the instant petition treating it as appeal.

3. Admittedly the decree dated 13.5.1997 was passed in favour of the decree holder in a suit instituted under Section 6 of the Specific Relief Act 1963. The decree holder sought execution of the said decree by filing execution petition seeking restoration of possession of the shop from where he was dispossessed on 17.9.1990 by the judgment debtor without due process of law.

4. Before the executing court the petitioner submitted objection petition with the averments that the title of the shop vests in Mst. Fatima Begum who had purchased the property through registered deed dated 14.10.1981 from Smt. Gopali Devi Jhalani. The petitioner was inducted tenant by Mst. Fatima Begum w.e.f. 1.6.1994. Mst. Fatima Begum thereafter sold the property to Abdul Hafiz and Abdul Rashid through registered sale deed dated 6.10.1995. The petitioner being the tenant of Mst. Fatima Begum, was not bound by the decree dated 13.5.1997 passed against Amannullah Khan and Attaullah Khan. Learned executing court vide impugned order dismissed the objections raised by the pettioner and observed that the petitioner was bound by the decree under Order 21 Rule 102, Civil Procedure Code.

5. Mr. M.M. Ranjan, learned Counsel appearing for the petitioner urged that the petitioner did not claim protection through judgment debtor but his assertion was that he was the tenant of the real owner of the property who was not a party to the decree as such decree was inexecutable against him. It was canvassed that provisions contained in Order 21 Rule 102, Civil Procedure Code are not applicable in the instant matter. Reliance was placed on Silver Lines's case ; Sri Nath v. Rajesh, 1998(4) SCC 543 ; Ghashi Ram's case and Sultan Begum's case .

6. On the other hand Mr. Rajendra Prasad, learend cousnel appearing for the decree holder contended that the petitioner was transferee pendente lite and is bound by the decree. Reliance was placed on Section 52 of the Transfer of Property Act 1872 (for short the TP Act) and Section 3 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the Rent Act).

7. I have given my anxious consideration to the rival submissions and carefully scrutinised the material on record.

8. A bare look at the suit instituted under Section 6 of the Specific Relief Act by the decree holder Abdul Hai demonstrates that judgment debtors Attaullah Khan and Ammanullah Khan let out the shop in dispute to decree holder Abdul Hai on 1.7.1990 on rent at the rate of Rs. 400/- per month. Abdul Hai took possession of the shop and paid rent upto August 1990. Thereafter Attaullah and Ammanullah dispossessed Abdul Hai without due process of law on 17.9.1990. Decree for restoration of possession was passed in favour of Abdul Hai and against Attaullah Khan and Ammanullah Khan on 13.5.1997.

9. Admittedly Mst. Fatima Begum is the wife of judgment debtor Attaullah and according to the petitioner he was inducted as tenant by Fatima Begum in the shop in dispute from 1.6.1994 on rent at the rate of Rs. 550/- per month. The factual position that is established from the admitted facts is that Amanullah and Attaullah were in the possession of the shop and they had handed over the possession to the petitioner on 1.6.1994.

10. A combined reading of Section 52 of TP Act and Order 21 Rule 102, Civil Procedure Code postulates that a transferee pendente lite does not acquire any right and title to the property to the detriment of the rights of the other party and if such a transferee makes any obstruction or resistance to the execution of the decree so passed an enquiry is not contem