Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----S. 52---Specific Relief Act (I of 1877), S. 12---Lis pendens, principle of--­Applicability----Suit for specific performance of agreement to sell--­Competency---Alienation of suit property during pendency of suit for specific performance---Such alienation was hit by the doctrine of lis pendens---Even though S.52, Transfer of Property Act, 1882 was not applicable to the area in question (Punjab) yet principles thereof, were applicable to such area---Principle of lis pendens was fully applicable in respect of suits for specific performance--­Doctrine of lis pendens was not simpliciter based upon the principle that filing of suit was notice to the whole world but moreso on public policy that no one should be allowed to affect rights of parties pending decision of a cause before a Court of law---Alienation in question., had taken place not only during pendency of suit but same was also violative of the order of temporary injunction issued by Trial Court restraining alienor from alienating land in question---Plaintiffs, therefore, could successfully resist claim of subsequent purchasers. Mool Chand and others v. Ganga Jal and others AIR 1930 Lah. 356; Pir Abdullah Shah and 8 others v. Humayun and 5 others PLD 1957 Lah. 1054; Haider Ali and another v. Akbar Ali arid another PLD 1973 Lah. 546; Sh. Ata Muhammad v. Major Zubair Mahmood Khan and 7 others 1980 CLC 446; Mst. Jhandi v. Syed Baqir Ali Rizvi and another 1987 CLC 459; Jahar Lal Bhutra and others v. Bhupendra Nadi Basu and others AIR 1922 Cal. 412 (2)); Atar Ali v. Abed Ali and others PLD 1954 Dacca 158; Bcliamy v. Shabine (1857) 1 De G. and J 566; Faiyaz Hussain Khan v. Prag Narain (1907) 29 All. 339; M/s. Aman Enterprises v. M/s. Rahim Industries Pakistan Ltd. and another PLD 1988 Lah. 717 and Mst. Jhandi v. Syed Baqir Ali Rizvi and another 1987 CLC 459 rel. (b) Specific Relief Act (I of 1877)--- -- =S. 29(b)---Sale of land in question during pendency of suit---Subsequent purchasers made party in suit amended plaint submitted in Court---Amended plaint containing no prayer for cancellation of sale-deed executed by defendants (alienors)---Effect---Subsequent…

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