defendants would hit by the doctrine of lispendens. Hence, the suit has been filed for partition and separate possession.
3. The 1st defendant resisted ... favour of 2nd and 3rd defendants is hit by the doctrine of lispendens.
11. The learned counsel for the plaintiff in support of his above
insufficient stamps and the same is hit by the doctrine of lispendens and sought the dismissal of the suit.
4. Considering the oral as well ... plaintiffs is hit by the doctrine of lispendens and not binding on the defendant. The counsel also contended that the suit was originally filed only
purchase the SECOND SCHEDULE PROPERTY free from all encumbrances, charges, liens, lispendens and claims whatsoever at or for the Total Aggregate Consideration ... follows:
1.The land is FREE from all encumbrances, Charges, Liens, Lispendens, Attachments, Trusts whatsoever.
2.There is no legal impediment or bar, within
pending proceedings. He would also quote the judgment that the lispendens would apply to those cases and such transfer cannot be considered as a bonafide ... thereafter. He would also submit that the doctrine of 'lispendens' would certainly operate and apart from that the injunction order passed
sale in favour of D13 is null and void and hit by lispendens, the same is also admitted by him in the written statement ... compromise. The plaintiff is under no obligation to implead a lispendens transferee. Section 52 of the Transfer of Property Act has been enacted with
favour of the Defendants 6 and 7, dated 24.04.2008
is void as lispendens.
2/9
https://www.mhc.tn.gov.in/judis ... hence, the said sale deed is hit by the principles of lispendens.
9. Per contra, it is the case of the contesting Defendants that
respect of Suit schedule
property which is hit by doctrine of lispendens and the alleged transactions are
between the defendants in the Suit and thereby ... during the pendency of the Suit and
the same is hit by lispendens. Therefore, the additional written statement is no
way relevant to this case
point, not with direct reference to the general doctrine of lispendens enunciated in it, but as indicating the effect on the application of that doctrine
direct authority that the doctrine of lispendens does not apply to personal property ' other than chattel interests in land'. The decision
transferor in the transferee.
14. But even while raising the defence of lispendens the Section itself excludes its applicability to proceedings which are collusive
