Alka Shrirang Chavan & Anr. Vs Hemchandra Rajaram Bhonsale & Ors. (Supreme Court of India)
Subsequent Buyers Cannot Block Execution of a Court Decree-
Lis Pendens Binds Subsequent Purchasers: Execution Cannot Be Defeated by Pendente Lite Transfers
The Supreme Court upheld the executability of a decree for specific performance and possession against subsequent purchasers who acquired title pendente lite, holding that such purchasers are squarely bound by the doctrine of lis pendens under Section 52 of the Transfer of Property Act. The Court rejected the contention that the decree holder failed to acquire valid title because transferees pendente lite were not joined in the court-executed sale deed.
The Court clarified that a transfer during pendency of a suit does not annul the transfer, but renders it subservient to the final decree. A transferee pendente lite steps into the shoes of the judgment-debtor and cannot resist execution of a decree for possession once the decree has attained finality. Registration of lis pendens (as done in this case) further strengthens enforceability against subsequent purchasers.
It was held that execution proceedings under Order XXI Rules 97–101 CPC provide a complete mechanism to adjudicate objections by obstructionists, including issues of right, title, or interest. Once such objections are adjudicated and rejected, the Executing Court is duty-bound to remove obstruction and deliver possession, even against transferees pendente lite. Accepting the objections of such purchasers would defeat the very purpose of Section 52, undermine public policy, and allow decrees to be frustrated indefinitely.
The Court distinguished Lala Durga Prasad, holding that its principle applies at the stage of framing a decree, not to execution after the decree has attained finality. Ultimately, the Supreme Court dismissed the appeals, reaffirming that no equity or bona fides can override lis pendens, and prolonged obstruction to execution cannot be judicially countenanced.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
