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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Raghbir Singh (Since Deceased) Through His Lrs – Appellant
Versus
Om – Respondent
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
Doctrine of lis pendens applies to property transfer when an ongoing suit specifically involves that property.
Pre-existing contracts for the sale of property hold precedence over subsequent attachments, reaffirming the principle of lis pendens in determining valid titles during concurrent proceedings.
Subsequent purchasers will be bound by lis pendens.
During pendency in any court having authority within limits of India of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in ques....
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....
Point of law: Validity of, and effect of S. 52 – Doctrine of lis pendens is based on ground that it is necessary for administration of justice that decision of a court in a suit should be binding not....
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 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.
An agreement to sell does not create property rights; it requires a registered sale deed for actual ownership transfer, affecting party additions in legal disputes.
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