property after the institution of the suit on the ground of
lispendens, but the exception in Section 52 of the Transfer of
Property ... provided under Section 52 of the Act is
that 'Rule of lispendens' shall not apply where the suit is
collusive
adjustment at the time of partition and
there are principle of lispendens to protect the rights of
the plaintiffs, if any, against the alienation
N.Renuka Devi vs E.Lalitha on 4 March, 2016
Author: G.Chockalingam
Bench: G
N.Renuka Devi vs E.Lalitha on 4 March, 2016
Author: G.Chockalingam
Bench: G
will be bound by the Suit
Decree. No doubt, Doctrine of Lispendens under section 52 of Transfer
of property Act will come to play
suit is untenable, plaintiff cannot claim any right, the
doctrine of lispendens applicable. The plaintiff is trying
to snatch the property of the defendant
dated 10.01.2002
was bad on account of applicability of the principle of lispendens, which
is a principle which embodies that the subject matter
that the said land is
free from all encumbrances, charges, liens, lispendens,
attachments, trust, acquisitions, requisitions etc.
whatsoever or howsoever and there is no litigation
