High Courts(1923) 10 MAD CK 0022

Vedachari vs Narasimha Mudali and Others

Madras High Court · Decided on 4 October 1923 · Citation: AIR 1924 Mad 307 : 76 Ind. Cas. 793 : (1924) 19 LW 28 : (1923) 45 MLJ 825

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Judgment

6 paragraphs · 150 words
1.

Following the ruling in Matilal Pal v. Preo Lall Mitra (1911) 13 C.W.N. 226 and Jahar Lal Bhutra v. Bhupendra Nath Basu I.L.R(1922) . C.

495, we hold that the doctrine of lis pendens applies as regards suits for specific performance of agreements to sell Immovable properties just as

much as to suits for possession of Immovable properties. As observed by Mookerjee, J. in the latter case, ""The obvious reason for this is that if

when the jurisdiction of the Court was once attached, it could be ousted by the transfer of the defendant''s interest, there would be no end to

litigation and justice would be defeated."" That the principle underlying the doctrine applies to Court sales such as we have to deal with here, has

also been held. The decision of the lower appellate Court is therefore right; and the Civil Miscellaneous Second Appeal is dismissed with costs.