Law: Code Of Civil Procedure, 1908.

Section: 52

Law: Transfer of Property Act, 1882

Section: 10

Law: Specific Relief Act, 1877

Section: 151

Summary

The civil revision arose out of a suit for specific performance of an agreement to sell dated 21.03.2000. The plaintiff had paid earnest money and remained ready and willing to perform his part of the contract, but the vendors failed to execute the sale deed and instead alienated the property during pendency of the suit in favour of the petitioner, who claimed to be a bona fide purchaser for value without notice. Both the trial court and appellate court decreed the suit for specific performance and rejected the petitioner’s plea of bona fide purchase. The High Court dismissed the revision petition, holding that the agreement to sell was duly proved, rescission was not established, and the subsequent sale was hit by the doctrine of lis pendens, rendering the plea of bona fide purchaser unavailable.

Tag Line

Transferee pendente lite cannot claim protection as bona fide purchaser—Sale during pendency of suit barred by doctrine of lis pendens.

ORDER;