Doctrine of lis pendens applies to property transfer when an ongoing suit specifically involves that property.

JUDGMENT :

Pankaj Jain, J.

1. Present revision petition is directed against order dated 21.09.2022 passed by Additional District Judge, Charkhi Dadri whereby order dated 24.08.2017 passed by Executing Court dismissing the applications of the legal heirs of the judgment debtor/petitioner namely Raghbir Singh, stands affirmed.

2. Respondents No.1 and 2 are decree-holders. Respondents No.1 and 2 filed suit for possession by way of specific performance of an agreement to sell dated 07.01.2006 qua land measuring 15 Bighas 12 Biswas Pukhta to the extent of 9 Acre 6 Kanal situated in Khewat No.22, Khatoni Numbers 62 to 88 as per Jamabandi for the year 1999-2000 situated in village Ladawas Tehsil Charkhi Dadri, District Bhiwani.

3. The relevant pleadings raised in the plaint related to the present revision petition are as under :

7. That as per the condition in the agreement when the plaintiffs contacted the Patwari for filing suit against defendants and asked for copies of the documents then the Halqa Patwari told that the defendants had already sold their whole share in Khewat No.22 and on this the plaintiffs came to know about the bad intentions of the defendants and the plaintiffs obtained copy of mutation no. 519 sanctioned on 15.06.2006 and then the plaintiffs came to know that the land/ Khewat of which the plaintiffs had entered into an agreement the same has already been sold to other persons by the defendants by way of sale deed No. 1551 registered on 16.12.2005. Copy of mutation is annexed as proof.

8. That the plaintiffs on coming to know about the above mentioned sale deed and on perusal of the revenue record came to know that the tubewell/well, motor, fitting electricity pipe and Pucca house for which the agreement was executed the same are not in the land of Khewat No.22 rather the same is in Khewat No. 71 Khatoni No. 183 to 185 total measuring 52 Bigha 17 Biswa Pukhta in which the defendants are owners in possession of about 7 acre 6 kanal of land. Copy of jamabandi of Khewat No. 22 and Khewat No. 71 is annexed with the present plaint.

9. That the defendants at the time of agreement had shown them owners of 9 acre 6 kanal of land and in the agreement to sell which was alongwith well, motor and fitting pipe and agreement regarding a pucca house in this land was fixed for Rs. 65,000/-. The above mentioned well etc. and house are constructed in Khewat No. 71 and not in the land of Khewat No. 22. Thus, the intention of the defendant was bad since inception and by making wrong statement they wanted to entangle the plaintiffs and grab the money.

10. That now the defendants are owners of Khewat No. 71 khatoni No. 183 to 185 situated in the area of village Ladawas measuring 7 acre 6 kanal in which a tubewell, electric motor and fitting pipe and one house has been constructed and agreement to sell of this was got executed by the defendants with the plaintiffs and now the defendants wants to sell the above mentioned land to some other person and are on the verge of grabbing the amount of sale consideration of the plaintiffs for which they have no legal right.

11. That in the above mentioned circumstances the defendants have no intention to perform their part of contract from the very beginning while we, the plaintiffs had always been ready to perform our part of contract and now also ready to do that.

12. That the plaintiffs asked the defendants time and again to perform their part of contract as per their agreement to sell and the land, well, motor and fitting and pipe fitting alongwith pucca house which was settled for Rs. 65,000/- and the land which is situated i