🧠 Legal Learning by Shri Ganpati Jurists
📚 Specific Performance & Doctrine of Lis Pendens
⚖️ Key Legal Principles Explained:
🔹 1. Possession Can Be Granted Even If Not Prayed For (S.22, Specific Relief Act, 1963):
In a suit for specific performance of a contract to sell immovable property, relief of possession can still be granted even if it’s not specifically asked for in the plaint. Courts have held that such omission is not fatal, especially when possession is essential to enforce the decree effectively and serves the interest of justice.
🔹 2. Sale During Suit = Null and Void (S.52, Transfer of Property Act - Lis Pendens):
Any sale deed executed during the pendency of a specific performance suit is hit by the doctrine of lis pendens. Such transfers do not convey valid title, and are null and void against the plaintiff’s claim.
🔹 3. Price Rise ≠ Denial of Relief:
Mere increase in land prices after execution of agreement is not a valid ground to deny specific performance. If the plaintiff proves readiness and willingness, specific performance must be granted.
🔹 4. Execution Proceedings & Pendente Lite Buyers (CPC - S.47, Order 21 Rule 97):
If a transferee objects to possession during execution, but the sale deed is hit by lis pendens, the objection must be dismissed. Courts enforce the decree against such buyers.
✅ Takeaway for Buyers & Sellers:
Always conduct due diligence before buying any property under litigation.
If you're a plaintiff in a specific performance suit, do not worry if you missed pleading for possession — court can still grant it.
Once a suit is filed, subsequent buyers act at their own risk.
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