Holding

The principle of lis pendens under Section 52 of the Transfer of Property Act applies, so the subsequent sale cannot override the plaintiff's suit for specific performance.

Summary

The plaintiff entered into a sale agreement with the first defendant, paid earnest money but failed to pay the balance, and filed a suit for specific performance on May 3, 1975. Two days later the first defendant sold the same property to the appellant for a higher price and gave possession. The trial court dismissed the suit, but the Madras High Court Single Judge decreed specific performance, holding the appellant was a bona fide purchaser without notice. The Division Bench upheld that decree, and the appellant appealed to the Supreme Court. The Court examined whether Section 52 of the Transfer of Property Act (lis pendens) applies despite the appellant’s good‑faith purchase, and whether Section 19(b) of the Specific Relief Act can override it. It held that because the suit was filed before the second sale, the principle of lis pendens governs and the subsequent sale cannot override the first sale, even though the purchaser was bona fide. Consequently, the appeal was dismissed.

Issues considered

Whether Section 52 of the Transfer of Property Act, 1882 (lis pendens) applies to a sale made after a suit for specific performance has been filed.
Whether Section 19(b) of the Specific Relief Act, 1963 can override the effect of lis pendens and protect a subsequent purchaser for value without notice.

Legislation cited

Specific Relief Act, 1963s. 16, s. 19(b)
Transfer of Property Act, 1882s. 52

Subjects

specific performancelis pendensTransfer of Property ActSpecific Relief Actbona fide purchasercontract for salecivil appeal

Judgment

[2008) 7 S.C.R 435

GURUSWAMY NADAR A
v.
P. LAKSHMI AMMAL (D) THROUGH LRS. & ORS.
(Civil Appeal no. 6764 of 2001)
MAY 1, 2008
B
[A.K. MATHUR AND LOKESHWAR SINGH PANTA, JJ.)
""'
Transfer of Property Act, 1882 - s. 52 - Principle of lis
pendens - Applicability of - Pendency of suit for specific
performance- Subsequent sale of the same property by owner c
to second purchaser - Held: As suit was filed before second
sale of the property, principle of Iis pendens would be attracted
even though the subsequent purchaser purchased the same
in good faith and his rights were protected u/s. 19(b) - Second
sale cannot have overriding effect on first sale - More so, it is
D
apparent that the plaintiff while he filed suit for specific
....... performance was ready and willing to perform his part of the
contract- Specific Relief Act, 1963 - s. 19(b).
The first defendant-owner entered into an agreement
for sale of property with the plaintiff. The plaintiff paid the E
earnest money, however, did not pay the balance amount
within the stipulated period. The plaintiff filed suit for
specific performance of contract. Two days later, the first
defendant again sold the property to the appellant for a
higher sum and handed over the possession to the F
;;..
• appellant. The trial court dismissed the suit. The Single
Judge of High Court decreed the suit for specific
performance. It found that the subsequent purchase made
by the appellant was for bona fide value and without
notice of agreement to sell. Aggrieved, second purchaser-
G
appellant filed appeal. The Division Bench of the High
Court dismissed the same. Hence the present appeal.
·u
The question which arose for consideration in this
appeal was that what is the effect of the lis pendens on
435 H
436 SUPREME COURT REPORTS [2008] 7 S.C.R.

A the subsequent sale of the same property by the owner
,.._,
to the second purchaser.
Dismissing the appeal, the court
HELD: 1.1 Section 19 of the Specific Relief Act, 1963
B clearly states that subsequent sale can be enforced for
good and sufficient reason but in the instant case, there
.;,.
is no difficulty because the suit was filed on 3.5.1975 for
specific performance of the agreement and the second
sale took place on 5.5.1975. Had that not been the position
c then the effect of section 19 read with section 52 of the
Transfer of Property Act would have been evaluated. But
in the instant case, it is more than apparent that the suit
was filed before the second sale of the property.
Therefore, the principle of lis pendens would govern the
instant case and the second sale cannot have the
D overriding effect on the first sale. The principle of lis
pendens is still settled principle of law. [Para 3] [439-F, G; ,...
440-A, B]
1.2 N~rmally, as a public policy once a suit has been
filed pertaining to any subject matter of the property, in
E
order to put an end to such kind of litigation, the principle
of lis pendens has been evolved so that the litigation may
finally terminate without intervention of a third party. This
is because of public policy otherwise no litigation will
come to an end. Therefore, in order to discourage that
F same subject matter of property being subjected to _.,
subsequent sale to a third person, this kind of transaction
is to be checked. Otherwise, litigation will never come to
an end. [Para 3] [441-D, E, F]
Smt. Ram Peary and others v. Gauri and others AIR 1978
G
All. 318 - approved.
2.1 In the instant case, it is apparent that the appellant,
who is a subsequent purchaser of the same property, -..r
purchased the property in good faith but the principle of
H lis pendens will certainly be applicable to the instant case
GURUSWAMY NADAR v. P. LAKSHMI AMMAL (D) 437
THROUGH LRS. & ORS.
,-~
notwithstanding the fact that under section 19(b) of the A
Specific Relief Act his rights could be protected. [Para 4]
[442-D, E]
R.K. Mohammed Ubaidullah & Ors. v. Hajee C. Abdul
• Wahad (D) by Lrs. & Ors. AIR 2000 SC 1658 - referred to .
B
~ 2.2 The second purchaser was a defendant in the
suit and the plea that the plaintiff was ready and willing to
perform his part of the contract was also considered by
the Single Judge of High Court. It found that there was
sufficient allegation made in the plaint that the plaintiff was c
ready and willing to perform his part of the contract.
Therefore, from this finding it is more than apparent that
the plaintiff while filed the suit for specific performance of
the contract was ready and willing to perform her part of
the contract. This argument was though not specifically
D
argued before the Division Bench, the only question
""'· which was argued was whether the principle of lis
pendens will be applicable or section 19 of the Specific
, Relief Act will have overriding effect. In the instant case,
""' the principle of lis pendens will be applicable as the
. second sale has taken place after the filing of the suit. E
/ Therefore, the view taken by the Division Bench of the
High court is correct and no merit is found in the appeal.
iil [Paras 4 and 5] [443-C, D; 444-A-D]

;.. Ram Awadh (Dead) by LRs.& Ors v. Achhaibar Dubey & F
... Anr. (2000) 2 SCC 428; Jugraj Singh & Anr v. Labh Singh &
Ors. (1995) 2 SCC 31 - referred to.
CIVILAPPELLATE JURISDICTION: Civil Appeal No.6764
~
of 2001.
... From the final Judgment and Order dated 19.10.2000 of
the High Court of Judicature at Madras in L.P.A. No. 147 of
G

~_...
1990.
S. Ganesh, C. Manishankar, Pratap Venugopal, Surekha
Raman and Dileep P. (for Mis. K.J. John & Co.) for the Appellant. H
438 SUPREME COURT REPORTS (2008] 7 S.C.R.

._~,
A S. Balaji, S.R. Sharma, Madhusmita Bora, S. Srinivasan
and M.J. Paul for the Respondents.

The Judgment of the Court was delivered by
A.K. MATHUR, J. 1. This appeal is directed against the
B order dated 19.10.2000 passed by the Division Bench of the
Madras High Court whereby the Division Bench has dismissed
the appeal affirming the judgment and decree passed by learned
•
Single Judge. Hence the present appeal.

2. Brief facts which are necessary for disposal of this
c appeal are a suit for specific performance was filed on the basis
of an agreement for sale dated 4. 7 .1974 under which the first
defendant in the suit had through her husband and power of
attorney holder contracted to sell a house property in sum of
Rs.30,000/-. A sum of Rs.5,000/- was given as advance and
D the remaining Rs.25,000/- was to be paid before 31.7.1974.
The said amount was not paid by 31.7.1974. The owner again ....
sold the suit property to the appellant herein on 5.5.1975 for a
sum of Rs.45,000/- and possession in question was handed
over to the appellant herein. Therefore, the plaintiff filed the
E aforesaid suit for enforcement of the specific performance of
contract. The trial court dismissed the suit holding that the
agreement was genuine but a false story was put up by the
defendant/owner that he signed the agreement under the
influence of liquor and it further held that the defendant who is
F appellant before us purchased the suit property for bona fide
~
consideration. Therefore, no decree for specific performance ...
could be passed in favour of the plaintiff & learned trial court
dismissed the suit. On appeal the learned Single Judge reversed
the judgment and the decree passed by the trial court and
decreed the suit for specific performance. Aggrieved against
G
the order passed by learned Single Judge, an appeal was
preferred by the second purchaser (the appellant herein) before
Division Bench and that appeal of the second purchaser was )..-

dismissed by the Division Bench by· its order dated 19.10.2000
and hence the present appeal on grant of leave.
H
GURUSWAMY NADAR v. P. LAKSHMI AMMAL (D) 439
THROUGH LRS. & ORS. [A.K. MATHUR, J.]

-..4, 3. We have heard learned counsel for the parties and A
perused the record. It will be relevant to mention here that the
second purchase by the appellant was on 5.5.1975 i.e. two days
after the filing of the suit for specific performance on 3.5.1975.
Though the applicability of Section 52 of the Transfer of Property
Act, 1882 was not considered by the trial court, however, the B
first appellate court i.e. learned Single Judge while granting the
.l. decree for specific performance found that the subsequent
purchase made by the appellant- defendant was also bona fide
for value and without notice of the agreement to sell but the said
sale was subordinate to the decree that could be made in the c
suit for specific performance which was instituted prior to the
sale in favour of the second purchaser. The main argument which
was advanced before learned Single Judge was that Section
19 of the Specific Relief Act, 1963 provides that a decree for
specific performance against a subsequent purchaser for bona
D
fide who has paid the money in good faith without notice of the
original contract can be enforced as the same is binding on the
vendor as well as against the whole world. As against this, it
was contended by the respondents that Section 52 of the
Transfer of Property Act which lays down the principle of lis
pendens that when a suit is pending during the pendency of E
such suit if a sale is made in favour of otber person, then the
principle of lis pendens would be attracted. In support of this
proposition a Full Bench decision of the Allahabad High Court
in Smt. Ram Peary and others v. Gauri and others [AIR 1978
All. 318] as well as a Division Bench judgment of the Madras F
.; >- High Court was pressed into service. Therefore, the question
before us in this case is what is the effect of the lis pendens on
the subsequent sale of the same property by the owner to the
second purchaser. Section 19 of the Specific Relief Act clearly
says subsequent sale can be enforced for good and sufficient G
reason but in the present case, there is no difficulty because
the suit was filed on 3.5.1975 for specific performance of the
:--,A agreement and the second sale took place on 5.5.1975.
Therefore, it is the admitted position that the second sale was
definitely after the filing of the suit in question. Had that not been H
440 SUPREME COURT REPORTS [2008] 7 S.C.R.

t--
A the position then we would have evaluated the effect of Section
19 of the Specific Relief Act read with Section 52 of the Transfer
of Property Act. But in the present case it is more than apparent
that the suit was filed before the second sale of the property.
Therefore, the principle of lis pendens will govern the present
B case and the second sale cannot have the overriding effect on
the first sale. The principle of lis pendens is still settled principle J.
of law. In this connection, the Full Bench of the Allahabad High
Court in Smt. Ram Peary (supra) 11as considered the scope of
Section 52 of the Transfer of Property Act. The Full Bench has
referred to a decision in Bellamy v. Sabine[(1857) 44 ER 842
c at p.843)wherein it was observed as under:

" It is scarcely correct to speak of lis pendens as affecting
a purchaser through the doctrine of notice, though
undoubtedly the language of the Courts often so describes
D its operation. It affects him not because it amounts to notice,
but because the law does not allow litigant parties to give
to others, pending the litigation, rights to the property in
dispute, so as to prejudice the opposite party.
Where a litigation is pending between a plaintiff and a
E defendant as to the right to a particular estate, the
necessities of mankind required that the decision of the
Court in the suit shall be finding, not only on the litigant
parties, but also on those who derive title under them by
alienations made pending the suit. whether such alienees
F had or had not notice of the pending proceedings If this
were not so, there could be no certainty that the litigation
~
..
would ever cor 0 " "IP Pnd ·
Similarly the r'r,, 'IC· ;:mcil in Faiyaz H1Jsain Khan v. Munshi
G Prag Narain [(1907) 34 Ind App 102] where the Court lay stress
on the necessity for final adjudication and observation that
otherwise there would be no end to litigation and justice would
be defeated. The Full Bench of Allahabad High Court further k-

referred to the work of Story on Equity lllrd Edition,(para 406)
H which expounded the doctrine of lis pendens in the terms as
GURUSWAMY NADAR v. P. LAKSHMI AMMA6: (D} 441
THROUGH LRS. & ORS. [A.K. MATHUR, J.]

follows: A
"Ordinarily, it is true that the judgment of a court binds only
the parties and their privies in representations or estate.
But he who purchases during the pendency of an action,
! is held bound by the judgment that may be made against
~ the person from whom he derives title. The litigating parties B
are exempted from taking any notice of the title so acquired;
and such purchaser need not be made a party to the action.
Where there is a real and fair purchase without any notice,
the rule may operate very hardly. But it is a rule founded
upon a great public policy; for otherwise, alienations made c
during an action might defeat its whole purpose, and there
would be no end to litigation. And hence arises the maxim
pendent elite, nihil innovetur; the effect of which is not to
annul the conveyance but only to refer it subservient to the
~
rights of the parties in the litigation. As to the rights of D
these parties, the conveyance is treated as if it never had
any existence; and it does not vary them."
Normally, as a public policy once a suit has been filed
pertaining to any subject matter of the property, in order to put
an end to such kind of litigation, the principle of lis pendens has E
been evolved so that the litigation may finally terminate without
intervention of a third party. This is because of public policy
otherwise no litigation will come to an end. Therefore, in order
~ to discourage that same subject matter of property being
~
subjected to subsequent sale to a third person, this kind of F
transaction is to be checked. Otherwise, litigation will never
come to an end.
4. Our attention was invited to a decision of this Court in
R.K.Mohammed Ubaidullah & Ors. v. Hajee C.Abdul Wahab
G
(0) by L.Rs. & Ors. [AIR 2000 SC 1658]. In this case it was
···-I observed that a person who purchased the property should
made necessary effort to find out with ~egard to that property,
whether the title or interest of the person from whom he is making
purchase was in actual possession of such property. In this case,
H
442 SUPREME COURT REPORTS [2008] 7 S.C.R.

A the plaintiff filed the suit for specific performance of contract
and during the pendency of the suit, rest of the defendants
brought subsequent transaction of sale by the defendant in their
favour claiming the title to the suit property on the ground that
they were the bona fide purchasers for value without notice of
B prior agreements in favour of plaintiff and they were also aware
that the plaintiff was in possession of the suit property as a tenant
for last several years and that they did not make any inquiry if
plaintiff had any further or other interest in the suit property on
the date of execution of sale deed in their favour apart from that
c he was in possession of the property as a tenant. In that context
their Lordships observed that subsequent purchaser cannot be
said to be bona fide purchaser of the suit property for value
without notice of suit agreement and plaintiff would be entitled
to relief of specific performance. Their Lordships after
considering the effect of Section 19 of the Specific Relief Act
0
as well as Section 52 of the Transfer of Property Act held that
subsequent purchaser has to be aware before he purchases
the suit property. So far as the present case is concerned, it is
apparent that the appellant who is a subsequent purchaser of
the same property, he has purchased in good faith but the
E principle of lis pendens will certainly be applicable to the present
case notwithstanding the fact that under section 19(b) of the
Specific Relief Act his rights could be protected.
5. Mr.S.Ganesh, learned senior counsel appearing for the
F appellant has tried to persuade us that the plaintiff did not prove ..
and plead that he was ready and willing to perform his part of
the contract it is open to the second purchaser to raise this issue
and in support thereof, he relied on a decision of this Court in
Ram Awadh (Dead) by LRs & Ors. v. Achhaibar Dubey & Anr.
G [(2000) 2 SCC 428] wherein their Lordships have observed that
there is an obligation imposed by section 16 on the Court not to
grant specific performance to a plaintiff who has not met the
requirements of clauses (a), (b) and (c) thereof. Their Lordships
further observes that the Court is not bound to grant a decree
for specific performance to the plaintiff who has failed to aver
H
GURUSWAMY NADAR v. P. LAKSHMI AMMAL (D) 443
THROUGH LRS. & ORS. [A.K. MATHUR, J.)

and to prove that he has performed or has always been ready A
and willing to perform his part of the agreement the specific
performance whereof he seeks. Therefore, such plea can be
raised by subsequent purchaser of the property or his legal
representatives who were defendants in the suit. Similarly, in
I Jugraj Singh &Anr V Labh Singh & Ors. [ (1995) 2 SCC 31), B
~- it was also emphasized that the plea that the plaintiff was to
prove that he was ready and willing to perform his part of the
contract. It is personal to him. The subsequent purchasers have
got only the right to defend their purchase on the premise that
they have no prior knowledge of the agreement of sale with the
plaintiff. They are bona fide purchasers for valuable
c

- consideration, though they were not necessary parties to the
suit. But in the present case, the second purchaser was a
defendant in the suit and this plea was also considered by
learned Single Judge and it found that there was sufficient
allegation made in the plaint that the plaintiff was ready and D
willing to perform his part of the contract. This aspect was dealt
with by learned Single Judge in its order dated 24.7.1990 and
learned Single Judge in paragraph 8 held as follows:
" On the first of these submissions, I find that as against
E
the definite plea in paragraph 7 of the Plant that Plaintiff
has been and is still ready and is still ready and willingly
specifically to perform the agreement on her part of which
the 1st Defendant has had notice. The only plea in the

- ~
written statement of the 1st Respondent is" the allegations
in Para 7 of the Plaint that this Defendant is aware of the F
contract is denied as false". Thus, it is found that there is
no denial at all that the plea that the Plaintiff was ready
. and willing to perform her part of the contract. Likewise,
the 2nct Respondent also has not denied the said plea, in
his written statement. Further, to the specific averment in G
para 5 of the Plaint "by the latter part of July, 1974, the
--~ Plaintiff informed the Defendants of her readiness to
complete the sale", there is no specific denial at all. There
is only a vague and evasive denial by the 1st Respondent
as follows: H
444 SUPREME COURT REPORTS (2008] 7 S.C.R

A " The allegation cortained in para 5 of the Plaint are
frivolous and denied." Likewise, the 2nd Respondent also
has not specifically denied the above said averment in the
Plaint."

Therefore, from this finding it is more than apparent that
8 the plaintiff while filed the suit for specific performance of the
contract was ready and willing to perform her part of the contract.
This argument was though not specifically argued before the
Division Bench, the only question which was argued was whether
the principle of lis pendens will be applicable or Section 19 of
C the Specific Relief Act will have overriding effect to which we
have already answered. In the present case the principle of lis ,,_
pndens will be applicable as the second sale has taken place
after the filing of the suit. Therefore, the view taken by the Division
Bench of the High Court is correct and we do not find any merit
D in this appeal and the same is accordingly dismissed with no
order as to costs.

N.J. Appeal dismissed.

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