CHUNNILAL CHHETRY Vs. SMT. SHANTI SHARAN

JUDGEMENT

(1.) I.A. No. 6078 of 2017 is an application for intervention on behalf of the applicant Kalyani Developers under Order 1, Rule 10 read with Order 22, Rule 10 of the Civil Procedure Code. The applicant is the purchaser of the suit property through a deed of absolute sale made on 4th July, 2014 Annexure-IA/1 executed by the defendant vendor Smt. Shanti Sharan, of course during pendency of the instant appeal. The appeal is directed against the judgment passed by the learned Court of SubVII, Ranchi in Title Suit No. 283/2002 dated 25th September, 2008 whereby the suit for mandatory decree against the defendant for enforcing the agreement dated 17th April, 2000; directing him to receive the balance consideration, execute and register deed of conveyance in respect of the suit property in favour of the plaintiff and put him in possession thereof, instituted by the plaintiff/appellant herein, has been dismissed on contest.

(2.) Learned counsel for the applicant submits that the applicants were completely ignorant of the pendency of the instant appeal. The transfer made during pendency of appeal would though be hit by the doctrine of lis pendens under section 52 of the Transfer of Property Act but the transfer itself is not rendered void and would only be subject to the final outcome of the lis between the parties. Therefore, presence of applicant as a defendant is necessary. Reliance has been placed on the judgment rendered by the Hon'ble Supreme Court in the case of Dhurandhar Prasad Singh v. Jai Prakash University and others reported in (2001) 6 SCC 534 . Paragraph 7 thereof is extracted hereunder as well:-

(3.) Reliance has also been placed on the case of (2005) 11 SCC 403, paragraphs 13 to 17. Paragraph 16 thereof is also extracted hereunder:-