HAR NARAIN (DEAD) BY LRS. versus MAM CHAND (DEAD) BY LRS. AND ORS.

HAR NARAIN (DEAD) BY LRS. versus MAM CHAND (DEAD) BY LRS. AND ORS.

Doctrine of lis pendens applies as registration of sale deed occurred during pendency of suit; sale is only complete upon registration, not execution. Appellant was mortgagee in possession since 1970, a fact disclosed in sale deed. Respondent nos. 2 to 6 could not be considered bonafide purchasers for value without notice. Respondents cannot take benefit of s.19(b) of Specific Relief Act.

Parties
Appellant: Har Narain (Dead) by LRs.; Respondent No.1: Mam Chand (Dead) by LRs.; Vendees/subsequent Purchasers: Respondent nos. 2 to 6
Jurisdiction
India
Judgment Date
08 October 2010
Procedural Posture
Civil Appeal / Final Disposal by Supreme Court
Outcome
Appeal allowed; judgments and decrees of lower courts set aside.
Legal Topics
Doctrine of Lis Pendens, Specific Performance, Bonafide Purchaser, Registration of Sale Deed
Property Law Specific Relief Doctrine of Lis Pendens Specific Performance Bonafide Purchaser Registration of Sale Deed

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Parties

Har Narain (Dead) by LRs.

Appellant

Mam Chand (Dead) by LRs.

Respondent No.1

Respondent nos. 2 to 6

Vendees/subsequent Purchasers

Procedural Posture

Civil Appeal / Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether sale deed executed by respondent no.1 in favour of respondent nos.2 to 6 is subject to doctrine of lis pendens.
  2. 2 Whether respondent nos.2 to 6 are bonafide purchasers for value without notice under s.19(b) of Specific Relief Act.

Ratio Decidendi

Doctrine of lis pendens applies as registration of sale deed occurred during pendency of suit; sale is only complete upon registration, not execution. Appellant was mortgagee in possession since 1970, a fact disclosed in sale deed. Respondent nos. 2 to 6 could not be considered bonafide purchasers for value without notice. Respondents cannot take benefit of s.19(b) of Specific Relief Act.

Court Disposition

Appeal allowed; judgments and decrees of lower courts set aside.

Orders

  • Respondents directed to execute sale deed in favour of appellant for land covered by agreement to sell within three months.
  • Respondent nos. 2 to 6 entitled to receive consideration paid to respondent no.1 along with 10% interest per annum.