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    <title>2004 (7) TMI 677 - MADRAS HIGH COURT</title>
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    <description>A decree for specific performance remains executable even where the property is later transferred during the pendency of the suit, because a pendente lite transfer is subject to the doctrine of lis pendens and cannot defeat rights declared by the earlier decree. The executing court must give effect to the decree under execution and cannot decline enforcement on the basis of a later sale or a later decree obtained by transferees deriving title from that non est transfer. On that basis, refusal to execute the specific performance decree was erroneous.</description>
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      <link>https://www.taxtmi.com/caselaws?id=198368</link>
      <description>A decree for specific performance remains executable even where the property is later transferred during the pendency of the suit, because a pendente lite transfer is subject to the doctrine of lis pendens and cannot defeat rights declared by the earlier decree. The executing court must give effect to the decree under execution and cannot decline enforcement on the basis of a later sale or a later decree obtained by transferees deriving title from that non est transfer. On that basis, refusal to execute the specific performance decree was erroneous.</description>
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