M.M. KUMAR, J.

1. Owing to difference of opinion expressed by two Single Bench decisions of this Court in the cases of Mewa Singh v. Jagir Singh, AIR 1971 P&H 244 and Dalip Kaur v. Jeeva Ram, 1996 PLJ 72, this reference has been necessitated and has been placed before us to opine on the following questions of law:-

i) Whether the principles of lis pendens would apply in a case where sale has been effected after filing of SLP in the Supreme Court but before leave to appeal has been granted. In other words, whether the principles of lis pendens would apply in respect of sale deeds executed in favour of the appellant Trust on 4.7.1985, 24.10.1985 and 23.12.1985 after RSA 1020 of 1973 was dismissed by this Court on 8.3.1982 and SLP had been filed in the Supreme Court on 19.7.1982, however, leave to appeal was granted on 13.4.1987?

ii) Whether the effect of grant of leave to appeal is to be taken from the date of filing of the SLP i.e. on 19.7.1982 or from the date leave to appeal was granted on 13.4.1987? and

iii) Whether in any case, the plea of bona fide purchaser in terms of Section 41 of the Transfer of Property Act, 1882, is available to the appellant in case the land purchased by him is affected by the principles of lis pendens?

2. In order to put the issues in their proper perspective some skeleton facts as recorded in the reference order may first be noticed. The instant appeal is directed against order dated 11.12.2003, passed by the learned Additional District Judge, Kurukshetra, whereby order dated 15.5.1998, passed by the learned Civil Judge (Junior Division), Kurukshetra, has been upheld. As a consequence the appeal of the defendant-appellant has been dismissed. The respondent-decree holders had filed an application under Section 144 of the Code of Civil Procedure, 1908 (for brevity, ‘the Code’) seeking restitution of property measuring 131 Kanals 10 Marlas on the basis of a decree passed by Hon’ble the Supreme Court on 10.7.1995 in their favour in Civil Appeal No. 992 of 1987, which was directed against order dated 8.3.1982 passed by this Court in R.S.A. No. 1020 of 1973.

3. There was one Smt. Mando, who had sold land measuring 131 Kanals 10 Marlas on 19.6.1967 in favour of Sewa Singh, Dalbir Singh and Darbara Singh sons of Kapoor Singh (for brevity, ‘the vendees’). Smt. Mando has two daughters, namely, Smt. Subbi and Smt. Giano, who filed two separate suits bearing Civil Suit Nos. 250 and 252 of 1968 respectively against the vendees (Sewa Singh, Dalbir Singh and Darbara Singh) for pre-emption of land and for setting aside sale deed dated 19.6.1967, executed by their mother Smt. Mando in their favour. Both the civil suits were consolidated and disposed of by a common judgment and decree dated 20.10.1972, passed by the learned Sub Judge Ist Class, Karnal. Accordingly, a decree for pre-emption was passed in respect of land measuring 131 Kanals 1 Marlas in favour of Smt. Subbi and Smt. Giano upholding their claim for pre-emption and the sale effected by Smt. Mando in favour of the vendees was set aside. Those vendees filed two separate appeals, which were dismissed by the learned District Judge, Karnal, on 10.5.1973. It further led to the filing of two regular second appeals, namely, R.S.A. No. 716 of 1993 (filed by Shri Tara Singh, lessee), and R.S.A. No. 1020 of 1973 (filed by Shri Sewa Singh and others, vendees of Smt. Mando). Both the aforementioned appeals were disposed of by this Court on 8.3.1982. R.S.A. No. 716 of 1993, filed by Shri Tara Singh, was allowed, whereas R.S.A. No. 1020 of 1973, filed by Shri Sewa Singh and others, vendees of Smt. Mando, was dismissed.

4. The controversy starts on 19.7.1982 with the filing of SLP No. 9541 of 1982 by the vendees of Smt. Mando against order dated 8.3.1982, passed by this Court in R.S.A. No. 1020 of 1973. The SLP was filed within the prescribed period of limitation. After more than five years the leave to appeal was granted by Hon’ble the Supreme Court on 13.4.19