also contended
that the transfer is hit by the principles of lispendens. Plaintiffs
have also questioned the bonafides of the transfer, right to
enforce indemnity
Whether Ext.XI sale deed is hit by the
principles of lispendens made mention under
Section 52 of the Transfer of Property Act.
(vi) Whether
pending. Therefore Ext.A1 is
definitely hit by the principles of lispendens.
Being the assignees of the defendants in
O.S.272/1984
have legal
efficacy when it is hit by lispendens. Moreover,
plaintiffs 2 and 3 who are also entitled to a share
have not joined
transfer of that property
pending the suit will be hit by lispendens. Hence, in
modification of Exhibit P6 order, I order that the
petitioner/defendant