Explanation:

Faiyaz Husain Khan v Prag Narain.

citation: (1907) 9 BOMLR 656

para 12. Apart, however, from the doctrine of lis pendens, which seems to their lordships to apply to the present case, it is plain that at the date of his purchase Faiyaz Husain knew all about the mortgage to Newal Kishore and the decree made on the basis of that mortgage and he knew that the sale proceedings were actually in progress, for in July 1898 he brought a suit against Prag Narain asking for a declaration that Newal Kishore's mortgage and the decree passed upon it, were invalid and that the property was not liable for attachment and sale.