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NISHA GUPTA
Harphool (died during first appeal) – Appellant
Versus
Ghamandi Lal – Respondent


Advocates:
Counsel for the Parties:
For the Appellants/Applicants:Mr.Alok Chaturvedi, Advocate, N.K.Maloo, Sr. Advocate with Mr.V.K.Tamolia, Advocate
For the Respondents:Mr.Sudesh Bansal, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The court emphasized that the proper form of a decree in cases involving specific performance is to direct the vendor to perform the contract with the prior transferee and to direct subsequent transferees to join in the conveyance to pass on the title, which resides with them (!) .

  2. The court clarified that a subsequent purchaser who buys property during the pendency of a suit (lis pendens) is generally protected, but this protection does not override the provisions of Section 52 of the Transfer of Property Act, which deals with the effect of pendency of a suit on the transfer of property (!) (!) .

  3. The court found that the sale in favor of the appellants was hit by the provisions of Section 52 of the Transfer of Property Act because the property was purchased during the pendency of an earlier suit, and the principles of lis pendens applied (!) (!) .

  4. The appellants argued that their purchase was bona fide, with consideration, and without notice of the earlier agreement. They also contended that their rights should be protected under the relevant provisions of the law (!) .

  5. The court noted that the earlier suit was filed before the subsequent sale, and the principles of lis pendens applied, which restricts the rights of subsequent purchasers who buy during the pendency of a suit, even if they are bona fide (!) (!) .

  6. It was observed that the defendant in the suit admitted the agreement, and the court considered the merits of the case, ultimately decreeing the suit for specific performance. The court also stated that the plea of collusion was not sufficiently pleaded or established (!) (!) (!) .

  7. The court held that the protection offered by Section 19B of the Specific Relief Act does not have overriding effect over Section 52 of the Transfer of Property Act, especially when the property was purchased during the pendency of the suit (!) (!) .

  8. The appeal was dismissed because the court found that the subsequent purchase was invalid due to the operation of Section 52, and the lower court's reasoning was justified based on the evidence and legal principles (!) (!) .

These points collectively reinforce that in cases of pending litigation relating to property, the provisions of Section 52 of the Transfer of Property Act take precedence, and subsequent bona fide purchasers are protected only if they acquire the property outside the scope of the pendency of such suits.


JUDGMENT

Nisha Gupta, J.—This is defendant’s first appeal against the judgment and decree dated 7.7.1984 passed by Additional District Judge, Kishangarhbas Distt.Alwar in Civil Suit No.44/1980 (79/79) whereby the suit for specific performance of the agreement to sale has been decreed.

2. The brief facts of the case giving rise to this appeal are that plaintiff respondent filed a suit for specific performance of the contract for sale of agricultural land measuring 10 bighas and 3 biswas. Initially, the suit was filed against defendant respondent No.3 Gordhan Lal only. The case of the plaintiff respondent was that Gordhan Lal executed an agreement to sale Ex.1 in respect of the agricultural field on 17.5.1979 for a sum of Rs.34,500 in favour of plaintiffs and a sum of Rs.20,000 was paid in cash and receipt Ex.2 was issued on the same day. It was also pleaded that the balance amount was agreed to be paid on 15.12.1979 at the time of registration of sale deed, sum of 14,500 was paid on 17.11.1979 and it was agreed that the registration of the sale deed shall be made on 18.11.1979 but thereafter, respondent Gordhan Lal refused to execute the sale deed though the plaintiff respondents were




















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