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MADRAS HIGH COURT
J.Dinakaran – Appellant
Versus
P.Gowri Ammal – Respondent
CRP/3254/2022
LIS PENDENS - TRANSFER OF PROPERTY ACT, 1882 - SECTION 52 - PENDENTE LITE PURCHASER - IMPLEADMENT - BONA FIDE PURCHASER - KNOWLEDGE OF PENDING LITIGATION - EXPARTE DECREE - SETTING ASIDE - RATIO DECIDENDI - A pendente lite purchaser is bound by the decree passed in the pending litigation and cannot claim to be a bona fide purchaser without knowledge of the pending litigation. The defence of bona fide purchaser is not available against the doctrine of lis pendens as provided under Section 52 of the Transfer of Property Act, 1882.
Fact of the Case:
The petitioner purchased a property that was the subject of a pending suit for specific performance. The petitioner claimed to be a bona fide purchaser without knowledge of the pending litigation and sought to implead himself as a party to the suit and set aside the ex parte decree passed against the original defendants.
Finding of the Court:
The court found that the petitioner had knowledge of the pending litigation based on a notice sent by the plaintiffs' advocate and acknowledged by the petitioner. The court also noted that the petitioner's vendors had previously filed an application to implead themselves in the suit, which was dismissed by the court. The court held that the petitioner was not entitled to implead himself as a party to the suit or set aside the ex parte decree.
Issues: 1. Whether the petitioner was a bona fide purchaser without knowledge of the pending litigation?2. Whether the petitioner was entitled to implead himself as a party to the suit and set aside the ex parte decree?
Ratio Decidendi: 1. The defence of bona fide purchaser is not available against the doctrine of lis pendens as provided under Section 52 of the Transfer of Property Act, 1882.2. A pendente lite purchaser is bound by the decree passed in the pending litigation.
Final Decision: The court dismissed the petitioner's civil revision petition, upholding the lower court's order dismissing the petitioner's application for impleading and setting aside the ex parte decree.
C.R.P.No.3254 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON
: 02.12.2022
PRONOUNCED ON
: 10.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.3254 of 2022
and
C.M.P.No.17267 of 2022
J.Dinakaran
... Petitioner
vs
1.P.Gowri Ammal
2.C.P.Senthilkumar
3.Ramathilagam @ Thilagam
4.Shanthi
5.D.Maheswari
6.J.Bhuvana
7.J.Devaraj
8.M.Kasthuri
9.J.Govindan
10.J.Damodharan
... Respondents
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution
of India, praying to set aside the dismissal order dated 24.03.2022 in I.A.No.1
of 2021 in O.S.No.12610 of 2010 on the file of the learned XIX Additional
Judge, City Civil Court, Chennai and allow this Civil Revision Petition.
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C.R.P.No.3254 of 2022
For Petitioner
: Mr.B.Manivannan
For R1 and R2
: Mr.K.V.Ananthakrishnan
ORDER
The Civil Revision Petition is filed challenging the order passed by the
Court below dismissing the petition filed by the revision petitioner to implead
himself as a 9th defendant in the suit in O.S.No.12610 of 2010.
2. The respondents 1 and 2 herein filed a suit for specific performance
against the respondents 3 to 10 in C.S.No.845 of 2006 on the file of this
Court. The same was subsequently transferred to the file of XIX Additional
City Civil Court, Chennai and renumbered as O.S.No.12610 of 2010. The
respondents 1 and 2 sought for specific performance of the sale agreement
entered by them with respondents 3 to 10/defendants on 21.12.2005 for
purchase of suit property. It appears pending suit, the respondents 3 to 10 sold
the suit property to Sajjadh Adeebh and Mohammed Zahid Hussain on
01.12.2006 under a Registered Sale Deed. Thereafter, the petitioner herein
purchased the suit property from the said Sajjadh Adeebh and Md. Zahid
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C.R.P.No.3254 of 2022
Hussain on 17.10.2008. The suit in O.S.No.12610 of 2010 was decreed
exparte against the respondents 3 to 10 and decree for specific performance
was passed in favour of the respondents 1 and 2. Thereafter, they filed
execution petition in E.P.No.23 of 2018 for execution of the decree for
specific performance. The petitioner on acquiring knowledge about the suit
and the exparte decree filed a petition to get himself impleaded as a 9th
defendant in the suit and also to set aside the exparte decree. It was the case
of the petitioner that he had purchased the suit property without notice of
pending litigation. The petitions filed by him for impleading, to set aside the
exparte decree and to stay the execution petition were dismissed by the Court
below by common order dated 24.03.2022. Aggrieved by the order dismissing
his impleading application, the petitioner is before this Court.
3. The learned counsel for the petitioner submitted that the petitioner is
a bona fide purchaser, who purchased the suit property without notice of the
pending litigation. The learned counsel also submitted that the petitioner is
the present owner of the property and he is aggrieved by the execution of the
decree and consequently, he has got locus standi to file a petition to set aside
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C.R.P.No.3254 of 2022
the exparte decree and to implead himself as party in the suit. It was further
submitted by the learned counsel for the petitioner that a purchaser pendente
lite is a person bound by the decree passed in the pending litigation and
hence, he is entitled to get himself impleaded and also to get the exparte
decree set aside. The learned counsel for the petitioner in support of his
contention that the pendente lite purchaser is entitled to maintain a petition to
set aside the exparte decree and to get himself impleaded as a party relied on
the decision rendered by the Hon'ble Apex Court in Raj Kumar vs. Sardari
Lal and others reported in 2004 (1) CTC 549, which has been followed by
this Court in N.Rajaram vs. R.Murali and others report
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