AIR 2013 SUPREME COURT 2389 ::2013 AIR SCW 1617 ::(2013) 1 CLR 877 (SC) ::2013 (1) CLR 877 ::(2013) 119 RevDec 825 ::(2013) 1 WLC(SC)CVL 453 ::(2013) 2 All RentCas 121 ::2013 (5) SCC 397 ::2013 (2) RecCivR 875 ::2013 (3) Scale 26 ::AIR 2013 SC (Civil) 961 ::(2013) 3 AllMR 408 (SC) ::2013 (3) AllMR 408 ::2013 (98) All LR 280 ::2013 (2) Cal HN 165 ::2013 (4) ICC 353 ::2013 (2) MadLW 748 ::2013 (3) KCCR 281 SN ::(2013) 3 KCCR 281 ::(2013) 3 Pun LR 26 ::(2013) 2 Orissa LR 1 ::(2013) 2 LandLR 292 ::(2013) 3 AndhLD 111 ::(2013) 3 All WC 2442

Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): Tirath S. Thakur, M. Y. Eqbal , JJ

(A) Transfer of Property Act (4 of 1882) , S.52— Lis pendens - Doctrine of - Does not annul transaction/transfer made during pendency of lis - It merely makes such transfer subject to rights of parties to suit. The doctrine of lis pendens is a doctrine @page-SC2390 based on the ground that it is necessary for the administration of justice that the decision of a Court in a suit should be binding not only on the litigating parties but on those who derive title pendente lite. The provision of this Section does not indeed annul the conveyance or the transfer otherwise, but to render it subservient to the rights of the parties to a litigation.(Para 24 48 58) (B) Specific Relief Act (47 of 1963) , S.16, S.19— Civil P.C. (5 of 1908) , O.1 R.10, O.22 R.10— Specific performance suit - Parties to suit - Subsequent purchaser of property with knowledge of earlier agreement - Can be added as party. Per M. Y. Eqbal, J.:- S. 19 makes it clear that a contract for specific performance may be enforced against the parties to the contract and the persons mentioned in the said section. Clause (b) of Section 19 makes it very clear that a suit for specific performance cannot be enforced against....