Back
MADHAV J. JAMDAR
Alka Shrirang Chavan – Appellant
Versus
Hemchandra Rajaram Bhonsale – Respondent
JUDGMENT
Heard Mr. Nikhil Sakhardande, learned Senior Counsel for the Appellants in Second Appeal No.396 of 2022, Mr. Siddhesh Bhole, learned Counsel for the Appellant in Second Appeal (St) No.22336 of 2022, Mr. Rajanish Bhonsale, learned Counsel for the Respondent No.1 in both the Second Appeals and Mr. Shriram Kulkarni, learned Amicus Curiae.
I. Substantial Questions of Law raised in Second Appeals:
2. A learned Single Judge by Order dated 2nd May 2022 framed the following substantial questions of law in Second Appeal No.396 of 2022:-
“1. Whether in the facts and circumstances of the case, the decree for Specific Performance passed in Regular Civil Suit No.910 of 1986 is executable, when the Decree Holder has not acquired title to the suit land by the Sale Deed dated 25/03/1993 executed by the Court Commissioner?
2. Whether the learned Courts below erred in law in not deciding the vital issue as to whether the Decree Holder is entitled to recover possession of the suit land in execution of decree for specific performance?”
3. Mr. Bhole, learned Counsel appearing for the Appellants in Second Appeal (St) No.22336 of 2022, submitted that above substantial questions of law are al
(1) Lis Pendens – Section 52 of T.P. Act has no application where transfer in favour of subsequent purchaser is not after filing of suit but before filing of suit for specific performance.(2) Resista....
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
The Court emphasized the importance of summary determination of questions under Rule 101 of Order XXI of the C.P.C. and the applicability of Section 52 of the Transfer of Property Act. It also clarif....
A subsequent purchaser cannot assert rights against a prior decree holder, as established by the doctrine of lis pendens under Section 52 of the Transfer of Property Act.
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.
Bonafide purchasers without notice of an original agreement can challenge a decree in a separate suit, as the Execution Court cannot adjudicate on the decree's collusiveness.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
