restraint
order against him, due to applicability of the principle
of lispendens and which virtually makes the property
inalienable or unencumberable at market rates ... plaintiff in the aforesaid
case, the court observed that the doctrine of lispendens will not
apply to the property that was subject matter
favour of the plaintiffs. Learned counsel further submitted that the doctrine of lispendens enumerated in Section 52 of Transfer of Property Act is applicable ... Guruswamy Nadar (supra), the Apex Court has considered the effect of lispendens between the original parties and has held that party purchasing the property after
That the said property is free from all
liens, mortgages, tenancies, charges,
lispendens (except the partition suit as
mentioned hereinbefore), encumbrances or
any restrictions
interest of PPL/UDYOG
therein, subject however to all charges, liens, lispendens, mortgages and
encumbrances, if any affecting the same or any part thereof except
Court.
Although transfer during pendency of suit is governed by doctrine of
Lispendens as per Section 52 of the transfer of property Act, but those
that
transferee pendent-lite is presume to have constructive
notice of the lispendens, therefore, he has to sink and
swing together with the transfers
appellant- plaintiff can very well take the assistance of
doctrine of lispendens as defined under Sec.52 of Transfer
of Property Act and such alienations ... under the
'Doctrine of Lispendens' therefore, this Court finds no
infirmity in the reasons and conclusions reached by the
trial Court in rejecting
appellant- plaintiff can very well take the assistance of
doctrine of lispendens as defined under Sec.52 of Transfer
of Property Act and such alienations ... under the
'Doctrine of Lispendens' therefore, this Court finds no
infirmity in the reasons and conclusions reached by the
trial Court in rejecting
respondent herein from the first
respondent. In such circumstances, the doctrine of lispendens cannot be
pressed into service and further, the 2nd respondent purchased
