Law: Transfer of Property Act (IV of 1882)

Section: 52

Transfer of Property Act (IV of 1882), S. 52---Lis pendens--- Doctrine of---Sale-deed executed before, but registered after, institution of suit---Right in property having already vested in vendee, sale-deed, held, not affected by doctrine of lis pendens.                                                                                                                          JUDGMENT KHAWAJA MUHAMMAD SHARIF, C. J.---This is tile plaintiff's second civil appeal which arises out of his suit brought against Faqir Muhammad and Kala Khan in the Court of the Additional Sub-Judge, Muzaffarabad, for specific performance of the con tract for sale and possession with regard to land Khasra No. 304, measuring 1 kanal 6 marlas situate in village Kahori, Tehsil Muzaffarabad. The plaintiff claimed that Faqir Muhammad defendant No. I executed a contract for sale of land Khasra No. 304, measuring 1 kanal 6 marlas situate in village Kahori in his favour on 9-2-1967 for a consideration of Rs. 800 and that Faqir Muhammad received the entire price. The land was under the possession of Kala Khan as a mortgagee since 1952; the land having been mortgaged for Rs. 200. The suit for specific performance of the contract and possession was instituted on 17-3-1967 and the trial Court on the same day issued a temporary injunction restraining Faqir Muhammad from alie nating the suit land. After the Institution of the suit, the plaintiff claimed, Faqir Muhammad executed a sale-deed in favour of Kala Khan mortgagee of the suit land and got the same regis tered on 24-'3-1967. The plaintiff then amended his plaint with the permission of the Court so as to challenge the transfer made pendent lite showing that the rule of lis pendens applied and the transfer had no legal value. The learned Sub-Judge by his judgment dated 5-8-1970 dismissed the plaintiff's suit. He then went up in appeal…