Legal provisions involved: Section 19(b) of the Specific Relief Act, 1963 and Section 52 of the Transfer of Property Act, 1882.

Judgement by: Supreme Court of India

Bench/Judge: Justice Manoj Misra and Justice Ujjal Bhuyan

Facts

A buyer entered into an agreement to purchase property in 1973. When the seller failed to complete the sale, a civil suit was filed in 1986 and lis pendens was registered. While the case was still pending, the seller sold the same property to several other people, from whom the appellants later purchased portions of the land. The trial court decided the case in favour of the original buyer and a sale deed was executed through a Court Commissioner. Even after the decree became final, the appellants refused to vacate the property.

Key legal provisions

Section 19(b) of the Specific Relief Act, 1963

Section 52 of the Transfer of Property Act, 1882.

Issues raised

Can buyers who purchase property during a pending court case object to execution of the decree?

Arguments of the case

The appellants claimed protection as later purchasers. The decree holder argued that all transfers were made during the suit and were hit by the rule of lis pendens.

Judgement

The Supreme Court dismissed the appeals and held that buyers during a pending case cannot resist execution. They must vacate the property and hand over possession to the decree holder.

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