Supreme Court dismisses appeals challenging the execution of a decree for specific performance, reinforcing the application of Section 52 of the Transfer of Property Act.
In a landmark judgment dated 12th January 2026, the Supreme Court of India reaffirmed the principles of the doctrine of lis pendens, as encapsulated in Section 52 of the Transfer of Property Act, 1882. The judgment, delivered by Justices Ujjal Bhuyan and Manoj Misra, dismissed the appeals filed by Alka Shrirang Chavan and others, who challenged the execution of a decree for specific performance of a contract. The decree was initially passed in favor of Hemchandra Rajaram Bhonsale, the decree holder, by the trial court in 1990.
The case revolved around a property dispute that began when Bhonsale entered into a sale agreement with Rajaram Bajirao Pokale in 1973. Following Pokale's failure to honor the contract, Bhonsale initiated a civil suit in 1986, resulting in a decree ordering the execution of the sale deed and possession of the property. Despite the decree, the property was transferred to third parties, including the appellants, during the pendency of the suit, leading to prolonged litigation.
The Supreme Court's decision emphasized that the doctrine of lis pendens applies irrespective of the knowledge of the transferees about the pending litigation. The court held that transfers made during the pendency of a suit are not void but remain subservient to the rights determined by the court. The judgment underscored that such transferees cannot resist the execution of a decree, affirming that the decree holder's right to possession is paramount.
The court also dismissed arguments based on Section 19(b) of the Specific Relief Act, stating that it is overridden by Section 52 once a suit is initiated. This ruling reinforces the principle that legal proceedings should not be undermined by transactions conducted during their pendency.
The Supreme Court further directed that no future applications or petitions by the appellants, the judgment debtor, or related parties concerning the suit property will be entertained, ensuring the decree holder's rights are respected without further obstruction.
Bottom Line:
Transfer of property during pendency of litigation (Lis Pendens) does not annul the conveyance but makes it subservient to the rights determined by the court. A transferee pendente lite cannot resist the execution of a decree for possession of immovable property.
Statutory provision(s): Transfer of Property Act, 1882, Section 52; Specific Relief Act, 1963, Section 19(b); Civil Procedure Code, 1908, Order 21 Rules 97 to 103; Limitation Act, 1963, Articles 129 and 134.
Alka Shrirang Chavan v. Hemchandra Rajaram Bhonsale, (SC) : Law Finder Doc Id # 2836860
