A Title Suit filed without jurisdiction cannot lead to valid execution; the doctrine of lis pendens binds subsequent purchasers to existing litigation outcomes.

JUDGMENT :

W. DIENGDOH, J.

1. This is an application under Article 227 (1) of the Constitution of India read with Section 151 of the Code of Civil Procedure and Rule-6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014.

2. Heard Ms. M. Deb, learned counsel for the petitioner who has submitted that the respondents No. 1, 2 & 3 as plaintiffs had filed a suit before the court of the Subordinate District Council Court, Shillong registered as Title Suit No. 9 of 1999. The prayer made therein is for declaration of right, title, ownership and possession and for permanent injunction restraining the defendants from interfering with such title, ownership and possession of the plaintiffs/respondents herein. The defendants include one U Phromiwell Lyngdoh (since deceased) and two others who are the Secretary and Lyngdoh of the Village Dorbar, Nongpoh.

3. The learned counsel went on to submit that in course of proceedings in the said Title Suit No. 9 of 1999, the plaintiff No. 3 expired. The defendant No. 1 also expired and the counsel for the said defendant withdrew from the proceedings which was allowed. Vide order dated 26.06.2014, the suit against the defendant No. 1 stands abated. However, a petition for substitution of the deceased defendant No. 1 was filed by the plaintiff which was allowed. Thereafter, vide order dated 06.06.2016, the court recorded that the defendants have chosen to remain absent in spite of having received notice and accordingly proceeded ex parte against the defendants.

4. The learned Presiding Officer, Subordinate District Council Court then delivered the judgment and order on 02.02.2017 with the suit decreed in favour of the plaintiffs/respondents. The matter went further when it was endorsed for execution of the decree in Execution Case No. 3 of 2018 leading to the issuance of the warrant of execution on 03.12.2018. The bailiff of the court then submitted a report on 10.10.2019 that the execution was completed on 09.10.2019.

5. The learned counsel has further submitted that when the decree issued vide judgment and order dated 02.02.2017 was executed on the strength of the said warrant of execution dated 03.12.2018, the land and building in question was under the possession of the petitioner herein who was accordingly dispossessed from her own land without even being aware of the existence of the preceding proceedings connected thereto.

6. The petitioner maintains that she was in possession of land measuring about 18236 sq. ft more or less situated at Nongpoh Downgate, in the Ri-Bhoi District with boundaries as follows:

North : Land of Sri Leh and house of Bah Tynsong – 187 ft

South : Land of Deepak Sun – 189 ft

East : Village Road – 94 ft

West : G.S. Road (Now N.H.-40) – 100 ft

7. The aforesaid land has been under the possession of the petitioner since December 1994. In the year 1998, the petitioner had constructed a two storied building measuring 60 ft. in length and 30 ft. in breadth which was given on rent to different persons from time to time. This was done with the knowledge and consent of (L) Phromiwell Lyngdoh, the deceased defendant No. 1 in the said Title Suit aforementioned.

8. The learned counsel has also submitted that the said suit land was subsequently purchased by the petitioner from (L) Phromiwell Lyngdoh on 25.03.2003 with the Village Dorbar Nongpoh issuing a No Objection Certificate dated 14.05.2008, whereupon the petitioner had executed a Deed of Declaration before the Sub-Registrar, Ri-Bhoi District, Nongpoh to confirm her ownership and possession over the said land.

9. The learned counsel then submitted that in the meantime, the Deputy Commissioner/Collector, Ri-Bhoi District had issued notice vide No.DCRB(LA)1/2009/20 dated 05.05.2009 to all land owners for acquisition of land for the purpose of construction of the 4-Laning. In the said notice, it is also indicated that a Joint Survey and Demarcation of the land to be acquired would be conducted by the office of t