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
same belonging to the First Party
free from all encumbrances, charges, liens,
lispendens, claims whatsoever at or for the price
Section 52 of the Transfer of Property Act, 1882, the Principle
of lispendens will apply only where the property is transferred during
pendency ... filed relating to immovable property.
Therefore, the Principle of lispendens will not apply. Taking into
consideration of all the aforesaid facts, the first Appellate court
given to understand
that as held in 1996(5) SCC 539, lispendens purchaser is
neither necessary nor property party. Further, I am given to
understand ... held in 2015(4) CTC 113 in case of
purchase during lispendens in violation of injunction, the
Page
title or claim over the aforesaid property and there is no lispendens in respect of the said property.
2) The Party of the First Part
into on
21.04.1998 , so the sale will be guided by
principle of lispendens as per the provision laid
down under section 52 of Transfer ... favour of
the petitioner, will be guided by the principle of lispendens,
under Section 52 of the Transfer of Property Act, 1882. In the
circumstances
suit schedule property on the same day. As
such the doctrine of lispendens is not applicable to the
defendants Plaintiff has not placed any material
property to defendant no. 5 is hit by principle of
'lispendens' ? OPP
11. Relief.
6. EVIDENCE:
6.1 Plaintiff's Evidence:
6.2 Plaintiff ... property to defendant
no. 5 is hit by principle of 'lispendens' ? OPP
Judgment CS. No. 8154/16
Pradeep Kumar Jha Vs. Dalip Kumar
transfer was made during the
pendency of the suit. The principle of lispendens would apply
and the plaintiff is not require to pay advaloram court
