HAJI ABDUL MATEEN Vs. SHEIKH HAJI FIROZUDDIN

JUDGEMENT

(1.) This second appeal is filed under Section 100 CPC impugning the concurrent judgments of the courts below ; of the executing court dated 15.3.2013 and of the first appellate court dated 1.2.2014, by which the objections filed by the appellants, who were transferees pendente lite have been dismissed and the decree-holder has been permitted to execute the judgment and decree dated 6.4.2011. I may note that the judgment and decree dated 6.4.2011 is a decree passed by a first appellate court inasmuch as, the trial court had dismissed the suit of the plaintiff, but in appeal, the judgment of the trial court dated 31.5.2008 was set aside and the first appellate court decreed the suit for possession and mesne profits vide judgment dated 6.4.2011.

(2.) The suit property is of an area of 57 1/2 sq. yds shown in the site plan Ex.PW1/1 in K.No. 319, Village, Maujpur, Illaqa Shahdara, Delhi and with respect to which, the decree and judgment was passed in favour of the plaintiff/decree-holder (respondents) on 6.4.2011.

(3.) Both the courts below have held that the appellants/objectors who are transferees pendente lite have no protection in view of Section 52 of the Transfer of Property Act, 1882 which provides for the doctrine of lis pendens and that transfer of a suit property pendente lite/lis pendens will be void as against a successful plaintiff.