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Issues: Whether a transferee pendente lite claiming a larger interest than that of the transferor is bound by the decree in the pending redemption suit and whether such possession could be protected on the plea of adverse possession or pre-existing rights.
Analysis: The transfer in favour of the claimant was made during the pendency of the redemption suit, and therefore fell within the doctrine of lis pendens. A transferee pendente lite takes the property subject to the result of the litigation and is bound by the decree passed against the transferor, even if the transferee sought to be impleaded and was not added as a party. The earlier money decree did not create a subsisting charge capable of defeating the later redemption proceedings. The plea of adverse possession also failed because the redemption suit was already pending when the transfer was made, and no independent hostile title against the mortgagor could arise on those facts. The principle of lis pendens was held applicable to transfers inter vivos as well as court sales.
Conclusion: The transferee was bound by the redemption decree and could not resist execution; the objections were rightly rejected.
Final Conclusion: The appeal failed on merits because the claimant derived no immunity from the pending suit and remained bound by the decree obtained against the transferor.
Ratio Decidendi: A transferee pendente lite acquires no better title than the transferor and is bound by the decree ultimately passed in the pending litigation, irrespective of the form of transfer or the transferee's claim to a larger interest.