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Showing contexts for: section 52 lis pendens in B.V. Vasantha vs Sha Poonamchand And Others on 17 April, 1997Matching Fragments
3.4. The ptaintiffs (respondents herein) in the said O.S. No. 2/77, thereafter, applied to the trial Court on 11-11-1982 for rectification of the said defective decree dated 31-5-1977 and accordingly the rectification was made substituting the said wrong decree with the correct decree for specific performance of the contract. Then, on 18-12-1982 execution petition was filed by them before the trial Court against JDr. Attavar in Ex. Petition No. 693/82 seeking execution of the decree by depositing the balance of sale consideration of Rs. 20,000/-. During pendency of the execution proceedings, on 30-1-1984, auction purchaser made an application under O.I.R. 10, C.P.C and got herself impleaded as JDr. No. 2 and filed her objection-statement resisting the execution proceedings on the ground that the said house was bona fide purchased by her at the auction sale held in the said Ex. Case No. 787/81 on 28-6-1982. The Court-helow has, by its impugned order, rejected her objection holding that the doctrine of lis pendens under Sec. 52 of the Transfer of Property Act, 1982 ('the Act' for short) was applicable and operated against her purchaseof the said house, since it was purchased by her before the decree of specific performance underexecution was fully discharged or executed.
4. Learned counsel for auction purchaser (petitioner), Mr. R.Gopal, assailed the impugned order on two grounds. Firstly, the house property having been purchased by the auction purchaser at Court auction sale and it being an alienation not by act of parties but by operation of law, Sec. 52 of the Act would not be applicable in view of the saving clause (d) contained in Sec. 2 thereof: Nexlly. that on the relevant date i.e. on 28-6-1982, when the properly was purchased by the auction purchaser at the Court sale, the plaintiffs in O.S. No. 2/77 were not holding any valid and executable decree so as to have its binding effect on the auction purchaser by virtue of the principle of lis pendens embodied under Sec. 52 of the Act. Reliance was placed by him on the following authorities in support of these contentions :