GURUSWAMY NADAR versus P. LAKSHMI AMMAL (D) THROUGH LRS. & ORS.

GURUSWAMY NADAR versus P. LAKSHMI AMMAL (D) THROUGH LRS. & ORS.

Where a suit for specific performance of a contract is filed before a subsequent sale of the same property by the owner, the doctrine of lis pendens applies and the second sale is subordinate to the outcome of the suit even if the subsequent purchaser acted in good faith and without notice. Section 19(b) of the Specific Relief Act does not override Section 52 of the Transfer of Property Act in such circumstances.

Parties
Appellant: Guruswamy Nadar; Respondents: P. Lakshmi Ammal (D) through LRs. & Ors.
Jurisdiction
India
Judgment Date
01 May 2008
Procedural Posture
Civil Appeal / Final Judgment by Supreme Court on Appeal From Division Bench of High Court
Outcome
Appeal dismissed
Legal Topics
Lis Pendens, Specific Performance, Bona Fide Purchaser, Transfer of Property During Litigation
Property Law Contract Law Lis Pendens Specific Performance Bona Fide Purchaser Transfer of Property During Litigation

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Parties

Guruswamy Nadar

Appellant

P. Lakshmi Ammal (D) through LRs. & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment by Supreme Court on Appeal From Division Bench of High Court

Legal Issues

  1. 1 Effect of lis pendens on subsequent sale of property by owner while suit for specific performance is pending
  2. 2 Applicability of Section 19(b) of Specific Relief Act to protect bona fide purchaser in relation to lis pendens

Ratio Decidendi

Where a suit for specific performance of a contract is filed before a subsequent sale of the same property by the owner, the doctrine of lis pendens applies and the second sale is subordinate to the outcome of the suit even if the subsequent purchaser acted in good faith and without notice. Section 19(b) of the Specific Relief Act does not override Section 52 of the Transfer of Property Act in such circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs