JAI CHAND Vs. GOPAL

JUDGEMENT

(1.) The objector-petitioner has invoked the jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') and has challenged the judgment dated 4-8-2003 passed by the learned Addl. District Judge. Yamuna Nagar, holding that the decree holder is a bona fide purchaser and the sale deed dated 10-3-1993 executed in favour of the objector -petitioner is hit by the principle of lis pendens as contemplated by Section 52 of the Transfer of Property Act, 1882.

(2.) Brief facts of the case are that decree-holder Gopal had filed Civil Suit No. 406 CS On 30-7-1991 against the Judgment-Debtor Smt. Kishni (deceased) for specific performance of an agreement to sell dated 27-5-1991 in respect of the property measuring 236 Sq. yards. The suit of the Decree-holder Gopal was decreed on 8-12-1993 in his favour by Sub-Judge Ist Class. Jagadhari. A direction was issued allowing one month time to the Judgment Debtor Smt. Kishni to execute the sale deed and get it registered in favour of the Decree Holder. The decree was ex parte. However, no sale deed was executed and the Decree holder-Respondent Gopal filed Execution petition 8 of 1994 on 9-3-1994. Before the Executing Court, the Objector-petitioner raised various objections which have been dismissed by the executing Court vide its order dated 4-4-1998 which reads as under:

(3.) On appeal filed before the learned District Judge, this order has been upheld vide order dated 2-9-1993.