MARKANDEY KATJU, C.K.THAKKER
Usha Sinha – Appellant
Versus
Dina Ram – Respondent
The legal document emphasizes the principle that if a transferee receives protection that is unfair, inequitable, or undeserved during the pendency of a suit, it can hinder a decree holder's ability to realize the fruits of their decree. Specifically, the law presumes that a transferee from the judgment debtor is aware of ongoing litigation and the status of the property involved. As a result, such a transferee cannot resist or obstruct the execution of a decree for possession if the transfer occurs during the litigation, especially when the doctrine of lis pendens applies. This doctrine effectively puts a notice on the property, indicating that any transfer during the pendency of the suit is subject to the outcome of that litigation and cannot be used to gain an unfair advantage or obstruct the decree's execution.
Furthermore, the law clarifies that a purchaser during the pendency of litigation does not have an independent right to resist execution, and their claim is limited to proceedings initiated by the judgment debtor. The protection offered to a transferee pendente lite is limited because extending such protection to an unfair or undeserved transferee would undermine the enforcement of decrees and the authority of courts.
Additionally, the legal provisions specify that the rules governing resistance and obstruction to the execution of decrees do not apply to transferees who have obtained property during the litigation, provided they are claiming through the judgment debtor. Such transferees are deemed to be aware of the pending litigation, and their rights are subordinate to the decree holder’s rights once a decree has been passed.
In summary, the law aims to prevent unjustified resistance to decree enforcement by protecting the decree holder’s rights against transfers made during litigation, especially when the doctrine of lis pendens is invoked, and emphasizes that a transferee during the pendency of a suit cannot obstruct or resist the execution of a valid court decree.
judgment
C.K. Thakker, J. —
1.Leave granted.
2.The present appeal is filed by the appellant herein obstructionist (‘appellant’ for short) against the judgment and order dated July 4, 2006 passed by the High Court of judicature at Patna in Civil Revision No. 113 of 2004. By the said order, the High Court allowed the Revision filed by respondent No. 1 herein decree-holder (‘respondent’ for short) and set aside the order passed by the Sub-Judge VI, Purnia.
3.Short facts of the case are that the respondent filed a suit being Title Suit No. 140 of 1999 on April 10, 1999 against (1) Arun Choudhary, (2) Poonam Choudhary, (3) Sukhdeo Singh, (4) Shambhu Prasad, and (5) Binod Kumar in the Court of Sub-Judge VI, Purnia. During the pendency of the said suit, defendant No. 4-Shambhu Prasad and defendant No.5-Binod Kumar sold their share in the property in respect of which the suit was pending, to the appellant by a registered sale deed dated February 15, 2000. On May 24, 2001, ex-parte decree was passed against the defendants in Title Suit No. 140 of 1991. In the judgment rendered by Sub-Judge VI, Purnia, it was observed that though the defendants were duly served with the summons and there was pub
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