Law:

Section:

(a) Specific Relief Act (I of 1877)--S. 42---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10---Suit for declaration---Original transferee of evacuee house in dispute surrendered his rights in favour of defendant through association deed and defendant paid/adjusted transfer price of the house from Compensation Book issued to him, in respect of property left in India by his deceased father--­Plaintiffs/other brothers and one daughter of uncle of defendant having claimed their shares from property left by their predecessor in India, an agreement was arrived at between plaintiff and defendant in which defendant acknowledged shares of plaintiffs according to Shariat Law and after execution of said agreement between parties Permanent Transfer Deed was issued in favour of defendant---Plaintiffs filed declaratory suit against defendant in which they claimed to be joint owners of house in dispute, but said suit was dismissed by Courts below holding that plaintiffs should have filed suit for specific performance of said agreement instead of suit for declaration ---Validity--­Agreement having been arrived at between parties prior to issuance of Permanent Transfer Deed in favour of defendant, it was not merely an agreement to do something in favour of plaintiffs in future, but defendant had acknowledged shares of plaintiffs in house in dispute according to Shariat Law---Suit for declaration of rights of plaintiffs based on agreement was very much maintainable in facts and circumstances of the case. (b) Transfer of Property Act (IV of 1882)--- ----S. 52---Specific Relief Act (I of 1877), S. 42---Rule of 'lis pendens'--­Applicability---Suit for declaration---During pendency of suit for declaration in respect of house in dispute, defendant sold the house---Defendant/vendor having died during pendency of proceedings between parties, vendee had claimed that he being transferee of right of deceased, was entitled to contest suit independently in his own right in the same manner and to the same extent as defendant/vendor ---Validity---Vendee having purchased house in dispute during pendency of suit, rule of "lis pendens" was applicable to said…

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