IMAM, SYED JAFFER
CITATION:
1956 AIR 593 1956 SCR 451
ACT:
Lis pendens, Scope of-If prevents passing of title as
between the transferor ... purchased them.
The respondent did not specifically raise the question of
lis pendens in his pleading nor was an issue framed on the
point
suit, in disobedience of its orders.
The principles of lis pendens are altogether on a different
footing. We do not propose to examine their involvement ... Transfer of
Property Act speaks about the doctrine of lis pendens. Section 52 reads as
under:
“52. Transfer of property pending suit relating thereto. –
During
Lis pendens- Transfer of Property Act , (4 of 1882)-Section
52-Whether arrests the running of the period of limitation
during the pendency ... cited :
"Lis pendens literally means a pending suit,
and the doctrine of lis pendens has been
defined as the jurisdiction, power, or control
which
that it was not open to contend that the
doctrine of lis pendens had no application. The application was ultimately
dismissed. The order was questioned ... affected by lis pendens. We are of the considered opinion that
the finding with respect to purchase being made during lis pendens had
attained finality
Transfer of Property Act
which lays down the principle of lis pendens that when a
suit is pending during the pendency of such suit ... pendens will govern the present case and
the second sale cannot have the overriding effect on the
first sale. The principle of lis pendens
find the following definition :
Lis pendens literally means a pending suit; and the doctrine of lis pendens has been defined as the jurisdiction, power ... alone the doctrine of lis pendens will not apply. In respect of other properties, the doctrine of lis pendens will apply. The trial court take
purchase
moneand obtainIng Possession-If suit of second Pre-
emptor cansucced-Lis penden-Scope--Punjab Pre-emptor ... lis pendens
applied to preemption suits; but in that case , the resale in
question did not conflict with the doctrine of lis pendens.
Bhide
defendant Nos. 4
to 6 were hit by the doctrine of lis pendens as per Section 52 of the Transfer
of Property ... defendant Nos. 4 to 6 were hit by the doctrine of lis
pendens, but the same would not affect the validity of sale deeds executed
Society was made were affected by the rule of lis pendens. It would further appear that Devendra Math purchased the right, title and interest ... forward by Mr. P. R. Das is that the doctrine of lis pendens operated to defeat the right of Devendra Nath also. Section
temporary injunction, but they pertain to only
the doctrine of lis pendens, as contained in Section ... lis pendens
compulsory. Hence, in respect of the property situate in city of Mumbai
also, even if notice of lis pendens is not registered
