This petition arises out of an order of the learned Subordinate Judge of Chingleput in E.P.No. 95 of 1967 (in C.S. No. 2 of 1962 High Court). The petitioner was the fifth respondent in the execution petition. The decree sought to be executed was on the foot of a mortgage. The mortgagor had, during the pendency of the suit on the mortgage which resulted in the mortgage decree sought to be executed, granted a lease of the mortgaged property in favour of the petitioner for a period of three years. The petitioner wanted his lease to be mentioned in the sale proclamation and this request having been refused, has filed the present revision petition.

The petitioner contended that he was not aware of the mortgage in favour of the decree-holder, that the lease in his favour was not collusive and that it was not hit by lis pendens and that as he had a subsisting interest in the property, it had to be disclosed in the sale proclamation. The other facts are not necessary for the purpose of this case. The only question is, whether the lease in favour of the petitioner by the mortgagor having been granted while the suit on a mortgage was pending is hit by the doctrine of lis pendens and ca