(1.) DOUBTING the correctness of the decision of this court in Ganga Charan v. Bans Bahadur Singh, AIR 1975 Alld. 25 a learned Single Judge of this Court has made this referring order which posits the following : Whether Section 52 of the Transfer of Property Act is subject to Section 19 (b) of the new Specific Relief Act.
(2.) SECTION 19 (b) of the Act says that "Specific performance of a contract may be enforced against (a) either party thereto ; (b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract".
(3.) THE Privy Council had adopted the same principle in Faiyaz Hussain Khan v. Munshi Prag Narain, 34 Indian Appeals 102 where they lay stress on the necessity for final adjudication and observed that otherwise there would be no end to litigation and justice would be defeated. Story in his work on Equity Illrd Edition para 406 expounded the doctrine of lis pendens in the terms following :-