JUDGMENT Arindam Lodh, J. - Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. K. Nath, learned counsel appearing for the appellant. Also heard Mr. D. Debnath, learned counsel appearing for the respondent. 2. Appeal is admitted to be heard on the following substantial questions of law: (i) Whether the learned Appellate Court misunderstood and misapplied Section 52 of the Transfer of Property Act, 1882? (ii) Whether the decree suffers from the principle of lis pendence ? 3. Call for the records. 4. Issue usual notice. 5. Since Mr. D. Debnath, learned counsel appears and accepts notice on behalf of the respondent, issuance of formal notice is waived. 6. List the matter for hearing in its usual course.