Present: De Sampayo J. and Schneider A.J.

PERIANAN CHETTY v. FERNANDO.

331-D. C. Colombo, 52,613.

Lis pendens-Sale in execution pending action for specific performance.

A by deed agreed to sell a land to defendant within three months. The defendant brought an action - for specific performance and obtained decree in September, 1911. The deed of conveyance in pursuance of the decree was executed in November, 1911. In the meantime a creditor of A sold the land in execution of a money decree in July, 1911, when plaintiff became purchaser. Fiscal's transfer was issued to plaintiff in March, 1912.

Held, that defendant had superior title.

The doctrine of lis pendens is applicable to sale in execution. An action for specific performance is a lis, to which the doctrine is applicable.

THIS was an action for declaration of title. The facts are set out in the judgment of the District Judge (L. M. Maartensz, Esq.):-

By an indenture No. 1,007 dated September 15, 1908, A. 8. Alwis agreed to sell and convey to the defendant an undivided one-third share of the land in question within three months from the date thereof, and agreed further that in