The doctrine of lis pendens under Section 52 of the Transfer of Property Act does not automatically preclude the grant of a temporary injunction under Order 39 Rule 1 CPC to restrain alienation of suit property where such restraint is necessary to protect the plaintiff's interest and prevent irreparable loss.

Order on Board

1. The present writ petition under Article 227 of the Constitution of India has been filed by the petitioner against the impugned order dated 25.04.2025 passed by 8th Additional District Judge, Bilaspur in Misc. Civil Appeal No.43 of 2023 whereby the Misc. Appeal filed by the petitioner have been dismissed.

2. Brief facts of the are that, the petitioner is the plaintiff before trial court who is prosecuting a civil suit for declaration of title and permanent injunction over the suit land Khasra Nos. 12/1, 13,14 and 15 total area 0.96 Acre situated at village Mendra. PH No.24, Tehsil Takhatpur, District Bilaspur. It is the pleading of the plaintiff in the civil suit that the suit land was purchased by his mother late Chutra Devi through registered sale deed dated 17.07.1989 from its owner Hori Lal and came into possession thereof as per the fourcorners mentioned in the sale deed. After death of his mother, he inherited the property and came into possession of the same which is detailed in Schedule-A annexed with the plaint. In the month of August, 2021 the plaintiff came to know that the land of the plaintiff is being encroached by unknown person by putting Murum over it and then he made an application before the Tehsildar Sakri on 01.09.2021, who, in turn, directed the concerned Halka Patwari Mendra to submit the report. The Patwari submitted his report on 28.11.2021 in which the plaintiff’s possession from 1989 have been mentioned. The other land of the plaintiff bearing Khasra No.629/1 and 630/1 is adjoining to its purchased land and for the said reason his mother purchased the land from Hori Lal. The defendant No.1 to 3 had purchased the land of Khasra No. 344,164/3 and 623, total Area 0.92 Acre from Hori Lal through registered sale deed dated 28.02.1992 and they are in possession over the land as per their fourcorners mentioned in the sale deed. On 12.04.2021 the defendants No.1 to 3 made an application before the Tehsildar Sakri for correction of records in which they mentioned that the land of Khasra number 344 was recorded in the name of Hori Lal and Khasra No.623 was recorded in the name of Chhedi Lal and thus before 12.04.2021 the defendants No.1to3 were not the recorded owner of said land of Khasra No.344 and 623. With the collusion of Revenue Authority, they get an order in their faovur of correction of revenue records despite knowing that fourcorners of the land of Khasra No.623 is in possession of plaintiff since 1989. Immediately after correction of revenue records, the defendants No.1 to 3 sold the land of Khasra No.623 to defendant No.4 through registered sale deed dated 11.08.2021 showing the fourcorners of the land of the plaintiff which has been shown in their sale deed dated 17.07.1989. The fourcorners mentioned in the sale deed dated 28.02.1992 and sale deed dated 11.08.2021 with respect to Khasra No.623 are different and by suppressing the material facts the defendants No.1 to 3 have executed sale deed in favour of defendant No.4 by which the title of the plaintiff over his land is clouded and then he filed the civil suit.

3. In the civil suit the plaintiff has filed an application under Order 39 Rule 1&2 CPC for grant of temporary injunction against interference of the defendants over the suit land. The said application of the plaintiff was dismissed by the trial court vide its order dated 12.04.2022 holding that there are difference of fourcorners of the land of Khasra No.623 and Khasra Nos. 12/1,13,14 & 15 which has been shown in the respective sale deeds of t