Another significant circumstance in this
matter is about the lispendence. It is clear from the
record that when the litigation was going on, the
Decree ... Holder has registered a notice of lispendence
with Sub Registrar and informed Talathi also about
the registration of notice of lispendence. This entry
between the first and second defendant is hit by the
principles of lispendence as contemplated under Section 52 of the Transfer of
Property ... counsel appearing for the
appellant/ second defendant submits that the doctrine of lispendence is not
applicable to the case on hand; that
controversy between the parties is not completely resolved and the 'lispends' till the respondent is given relief by putting him in possession ... possession is not executed and his client continues in possession, the 'lispends', and it is open for the Court to annul or revise
Medarahalli Village on 22.07.2016.
As such, he is a lispendence purchaser, when he
is the lispendence purchaser he is not necessary
and proper party ... decide the issues involved in this case as he is the
lispendence purchaser. The proposed defendant has
alleged to have been purchased the property
deed executed
by Smt. Sheorato Kunwar was hit by the doctrine of Lispendence,
a well settled concept in law under section 55 of the Transfer ... Properties Act. Expanding his submission on the doctrine of
Lispendence Mr. Kumar has also submitted that on the death of
the original plaintiff Sheorato Kunwar
during pendency
of such suit or appeal is hit by
principle of lispendence under
Section 52 of the Transfer of
Property Act, 1972 ?
(iii) Whether ... whether the subject matter of suit
property is hit by principle of lispendence due to pendency of
partition suit and in support of its contention
breach. The sale deed of 2nd defendant hit by doctrine of
lispendency. Hence, plaintiff constrained to file this suit after
withdrawing his earlier suit ... 2152/1996 filed by the plaintiff herein. The doctrine of
lispendency is not applicable to this case. Hence, pray for
dismissal of the suit with
share of the defendant No. 1 free from all encumbrances, lispendence, trust, charge and/or attachment whatsoever subject to what was stated in the said
during the pendency of civil suit will be governed by
concept of lispendence as mentioned in Section 52 of
.
Transfer of Property ... institute fresh suit on
same cause of action because alternative remedy of
lispendence as provided under Section 52 of Transfer of
Property
indemnified against all estates,
5
charges, encumbrances, litigations, mortgages, heirs, attachments,
lispendences, trusts, claims and demand whatsoever created,
occasioned or made by the vendor
