In Brief
The plaintiff, N.K. Giriraja Shetty, purchased land from Siddagirigowda by deed dated 9 November 1974 for Rs. 10,000. Unbeknownst to him (or rather, being aware of a pending maintenance suit filed in 1968 by Siddagirigowda's wife Thopamma), the property was subject to a charge when Thopamma obtained a maintenance decree in 1976. In execution of that decree, a court auction in 1977 sold the property to Thopamma as the decree-holder. Giriraja filed an application to set aside the auction under CPC Order XXI Rule 90, which was dismissed in default. He then filed a suit claiming declaration and possession. The Supreme Court held that the dismissal of his application created a bar under Rule 92(3), preventing the suit. The 1974 sale was also subject to the lis pendens doctrine (section 52, Transfer of Property Act) since the maintenance suit was pending. The Court restored the trial court's dismissal and held the plaintiff could not approach the court without clean hands.",
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