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Lis Pendens vs. Bona Fide Purchaser: Rights of Transferees Pendente Lite in Specific Performance

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Summary

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  • The article delves into the doctrine of lis pendens and its implications for bona fide purchasers during the execution of decrees for specific performance.
  • It highlights how Section 52 of the Transfer of Property Act and Order 21 Rule 102 CPC prevent transferees pendente lite from obstructing execution, emphasizing their subordinate rights.
  • Judicial interpretations clarify that once litigation begins, protections under Section 19(b) of the Specific Relief Act do not apply to these subsequent purchasers.
  • This analysis underscores the legal principle that the finality of judicial proceedings takes precedence over private transactions made during litigation.

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