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R. VIJAYAKUMAR
Ashok Kumar – Appellant
Versus
Amsu – Respondent
JUDGMENT :
PRAYER: The Civil Miscellaneous Second Appeal has been filed under Order 43 Rule 1 r/w Section 100 of Civil Procedure Code to allow the civil miscellaneous second appeal and set aside the fair order and decreetal order dated 08.08.2019 made in C.M.A.No.7 of 2017 on the file of the Additional District Judge, Dindigul reversing the fair order and decreetal order dated 21.12.2016 made in E.A.No.23 of 2014 in E.P.No.95 of 2013 in O.S.No.508 of 2010 on the file of the Principal Subordinate Judge, Dindigul with costs through out and thus render justice.
The decree holder in a suit for specific performance in O.S.No. 508 of 2010 on the file of the Principal Subordinate Court, Dindigul is the appellant herein.
(A) Facts leading to the filing of this second appeal are as follows:
2. The defendant in the suit namely Pitchaimuthu is the absolute owner of the property. The plaintiff had entered into an unregistered sale agreement with the said Pitchaimuthu on 03.11.2009 for purchasing the said property. Since the defendant had not executed a sale deed pursuant to the sale agreement, the plaintiff had filed O.S.No.508 of 2010 seeking specific performance of the contract.
3. The defendant
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.
(1) Lis Pendens – Section 52 of T.P. Act has no application where transfer in favour of subsequent purchaser is not after filing of suit but before filing of suit for specific performance.(2) Resista....
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.
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....
The Court emphasized the importance of summary determination of questions under Rule 101 of Order XXI of the C.P.C. and the applicability of Section 52 of the Transfer of Property Act. It also clarif....
Appellate courts must uphold trial court findings unless explicitly challenged; sales during ongoing litigation violate the principle of lis pendens.
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
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