KEDAR NATH LAL & ANR. versus GANESH RAM & ORS.

KEDAR NATH LAL & ANR. versus GANESH RAM & ORS.

The purchase by D during the pendency of bona fide mortgage award proceedings was hit by Section 52's doctrine of lis pendens, as the proceedings related to immovable property directly in question, and attachment before judgment does not confer title or defeat the operation of lis pendens. The Society's release was valid and binding but, as the mortgagor did not pay the conditional amount, the Society bona fide included the property in the mortgage award. The plaintiffs' title as successors of the Society prevailed over that of the defendants deriving title pendente lite.

Parties
Appellant: Kedar Nath Lal; Appellant: Dhanesar Pandey; Respondent: Ganesh Ram; Respondent: Devendra Nath; Respondent: Other respondents (various)
Jurisdiction
India
Judgment Date
05 September 1969
Procedural Posture
Civil Appeal / Appeal From High Court (second Appeal) Decision
Outcome
Appeal allowed
Legal Topics
Doctrine of Lis Pendens, Transfer of Property Act, Section 52, Cooperative Societies, Mortgage and Release, Auction Sale
Property Law Doctrine of Lis Pendens Transfer of Property Act, Section 52 Cooperative Societies Mortgage and Release Auction Sale

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Parties

Kedar Nath Lal

Appellant

Dhanesar Pandey

Appellant

Ganesh Ram

Respondent

Devendra Nath

Respondent

Other respondents (various)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (second Appeal) Decision

Legal Issues

  1. 1 Whether the release of the property by the Cooperative Society was binding on the Society and prevented subsequent mortgage proceedings and sale; whether the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 applied to defeat the claim of purchasers from the original mortgagor during pending mortgage proceedings.

Ratio Decidendi

The purchase by D during the pendency of bona fide mortgage award proceedings was hit by Section 52's doctrine of lis pendens, as the proceedings related to immovable property directly in question, and attachment before judgment does not confer title or defeat the operation of lis pendens. The Society's release was valid and binding but, as the mortgagor did not pay the conditional amount, the Society bona fide included the property in the mortgage award. The plaintiffs' title as successors of the Society prevailed over that of the defendants deriving title pendente lite.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of the High Court set aside.
  • Suits of the appellant decreed with costs throughout.