B V VASANTHA Vs. SHA POONAMCHAND

JUDGEMENT

(1.) Heard the arguments of learned counsel on both sides

(2.) The only question of law that arises for determination in this revision is: whether the purchase of the house property of the judgment -debtor named P. K. Attawar (hereinafter called 'JDr. Attavar') in Ex. Case No. 787/81, made by the petitioner Smt. B. V. Vasantha (hereinafter called the 'auction purchaser') on 28 -6 -1982 at the auction sale is hit by the principle of lis pendens?

(3.) The undisputed material facts bearing on the question are as follows :Plaintiffs filed the suit in O. S. No. 2/77 in the Court -below against JDr. Attavar for the decree of specific performance on the basis of a registered agreement dated 21 -3 -1975 pleading that by that agreement the latter having agreed to sell his said house property to the plaintiffs for the price stated therein, failed to perform his part of the contract and, therefore, the decree may be passed against him directing him to execute the sale deed in respect of the said house by accepting the balance of sale consideration of Rs. 20,000/ - and to put them in possession of the house. That suit was decreed ex parte on 31 -5 -1977. But, curiously, instead of drawing the valid and correct decree of specific performance following the trial Court's judgment, a wrong decree i.e., mortgage decree, was drawn up by it. After the wrong decree was so drawn up, the said amount of Rs. 20,000/ - was deposited by the plaintiffs in the trial Court and the same was withdrawn by them some time thereafter. But the defective decree was allowed to stand without they seeking its rectification till 4 -12 -1982.