CHHAJJU RAM Vs. BABU SINGH

JUDGEMENT

(1.) Heard Sri R. C. Singh, learned Senior Counsel, assisted by Sri Ashutosh Pandey, learned counsel for the appellant and Sri Amit Malik, holding brief of Sri B. Malik, learned counsel for the respondents.

(2.) The present second appeal under Sec. 100 of the Code of Civil Procedure arises from concurrent judgments rendered by the courts below whereby the suit instituted by the plaintiff-respondent for specific performance of an agreement to sell has been decreed, by the judgment and decree of the Trial Court dtd. 22/3/1979, as upheld by the judgment and decree of the Lower Appellate Court dtd. 25/2/1980.

(3.) The appellant, who purchased the suit property in execution of a money decree obtained against the original owner, challenges the legality of the concurrent findings on the ground that the courts below have misapplied the doctrine of lis pendens, ignored the effect of orders passed in execution proceedings, and failed to appreciate that the agreement to sell relied upon by the plaintiff was not genuine. The appeal has, therefore, been admitted on the following substantial questions of law, as framed by the order of this court dtd. 2/5/1980, while admitting the present appeal: