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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Ashok Kumar – Appellant
Versus
Tejveer Singh – Respondent
JUDGMENT :
Sandeep Jain, J.
1. The instant appeal under Section 96 CPC has been preferred by the plaintiff against the impugned judgment and decree dated 30.9.1986 passed by the Court of 7th Additional District Judge, Ghaziabad in O.S. No. 200 of 1982 Ashok Kumar vs. Tejvir Singh and others , whereby the plaintiff 's suit for the relief of specific performance of agreement for sale and possession dated 03.9.1981 has been dismissed and the suit for the alternative relief, for the recovery of Rs. 41,000/- , i.e. earnest money paid by the plaintiff to the defendant no.1 along with an interest @17% per annum has been decreed.
Plaint Case
2. The plaintiff/appellant filed O.S. No. 200 of 1982 against the defendant respondents with the averments that the defendant no.1 Tejvir Singh is the bhumidhar of the disputed land, which was agreed to be sold for a consideration of Rs. 79,500/- in favour of plaintiff and a registered agreement to sell was executed on 03.9.1981 in favour of the plaintiff. The defendant no.1 accepted Rs. 36,000/- at the time of the execution of agreement to sell and Rs. 5,000/- at the time of registration of the agreement to sell, before the concerned sub- registrar and t
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....
Appellate courts must uphold trial court findings unless explicitly challenged; sales during ongoing litigation violate the principle of lis pendens.
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 plaintiff's assertion of readiness and willingness in specific performance claims must be continuous and substantiated; the burden lies on the party contesting the agreement's legitimacy.
(1) Lis Pendens – Purpose of lis pendens is to ensure that process of court is not subverted and rendered infructuous – Section 52 of T.P. Act would apply to third-party purchaser.(2) Review Jurisdic....
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