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V. LAKSHMINARAYANAN
Sowbakkiam Ammal – Appellant
Versus
Gunasekaran – Respondent
JUDGMENT :
Prayer : Second Appeal under Section 100 of C.P.C., against the judgment and decree dated 29.07.2013 made in A.S.No.40 of 2010 on the file of the learned Principal District Judge, Villupuram reversing the judgment and decree dated 07.09.2009 made in O.S.No.35 of 2007 on the file of the learned II Additional District Munsif, Ulundurpet.
This appeal has a checkered history. The defendants appeal before me seeking for acceptance of their appeal filed against A.S.No.40 of 2010 on the file of the Principal District Judge, Villupuram dated 29.07.2013. By the said judgment, the learned Principal District Judge allowed the appeal against the judgment and decree in O.S.No.35 of 2007 dated 07.09.2009 on the file of the II Additional District Munsif at Ulundurpet.
For the sake of convenience, the parties are referred to as per their rank in the suit.
2. O.S.No.35 of 2007 is a suit for declaration of title and for permanent injunction. One Gunasekaran is the plaintiff. He claims to have purchased the property under Ex.A1 dated 08.07.2004. He would state that on the basis of Ex.A1 he mutated the property in his favour under Ex.A2 and has been in possession and enjoyment of the property b
A pendente lite purchaser cannot assert independent title in execution proceedings, as the doctrine of lis pendens prevails over claims of bona fide purchasers under the Specific Relief Act.
Subsequent purchasers will be bound by lis pendens.
The doctrine of lis pendens overrides the rights of bona fide purchasers when they acquire property during pending litigation concerning the same property, as established by case law.
The doctrine of lis pendens requires precise identification of the property in question; misdescription of property at the time of filing a suit precludes its application.
The central legal point established in the judgment is the application of the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882, and its explanation, which clarified that....
The court emphasized the wide powers vested in the executing court to deal with all issues relating to the execution of decrees, including the determination of the rights of third parties claiming to....
Agreement to sell – Suit for Specific Performance – Once sale agreement is proved and subsequent sale was during pendency of suit hit by doctrine of lis pendens, decree for specific performance can b....
(1) Jurisdiction of Civil Court—Questions relating to disputed claims of parties for title to immovable property can be decided only by competent civil courts—Objection as to exclusion of civil court....
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