1. Heard both sides.

2. One Perumal, the husband of Rajamani Ammal purchased the suit property under registered sale deed dated 11.08.1969. The said Rajamani Ammal entered into an agreement of sale with one Avudaiappan to sell the property for a sum for Rs.65,000/- on 06.06.1994.

3. Since Rajamani Ammal did not fulfil her commitments, Avudaiappan filed O.S.No.232 of 1994 on the file of the Sub Court, Tirunelveli against Rajamani Ammal for specific performance on 04.08.1994.

4. After the institution of the suit, the defendant, Rajamani Ammal sold the property to one Thomas during the pendency of the suit. Hence, the said Thomas was impleaded as the second defendant in O.S.No.232 of 1994. At this juncture, the learned counsel for the first respondent herein, who is the plaintiff in the aforesaid suit, has submitted that there is an embargo placed by Section 52 of Transfer of Property Act to effect sale of the property involved in the suit. The learned counsel has taken me through Section 52 of the Transfer of Property Act and the same is extracted hereunder:

"52. Transfer of property pending suit relating thereto.- During the pendency in any Court having authority within the limi