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1 - 10 of 12 (0.30 seconds)Section 18 in The Registration Act, 1908 [Entire Act]
Vinod Seth vs Devinder Bajaj & Anr on 5 July, 2010
12. The reason why the Court has been vested with a
discretion to relieve a party of the operation of lis pendens is
that the pendency of a suit and the registration of a lis
pendens (as required in Maharashtra) substantially restricts
the freedom of a party to secure a buyer at a fair market
value. The Supreme Court has recognised that the mere filing
of a suit may be an ingenious way to create a cloud over the
title of a party. The suit may remain pending over a long
period of time. This has been recognized in the decision of the
Supreme Court in Vinod Seth vs. Devinder Bajaj, [(2010) 8
SCC 1] in the following observations:-
Gouri Dutt Maharaj vs Sheikh Sukur Mohammed on 6 April, 1948
10. Now, it is a well settled principle of law ever since the
decision of the Privy Council in Gouri Dutt Maharaj vs.
Sukur Mohammed, [AIR (35) 1948 PC 147] that the purpose
of Section 52 is to maintain status quo in effect by any act of a
party to the litigation pending its determination. Similarly, it
is well settled that the operation of the doctrine of lis pendens
does not depend upon the strength or weakness of the case of
the Plaintiff or, as the case may be, of the Defendant, in bona
fide proceedings.
Kedarnath Lal And Anr. vs Sheonarain Ram And Ors. on 17 April, 1957
11. The principle that the doctrine of lis pendens applies
irrespective of strength or weakness of the case on one side or
the other was confirmed by the Supreme Court in the case
of Kedarnath v. Sheonarain (supra). In that case, the
Supreme Court held as follows;
The Code of Civil Procedure, 1908
Section 17 in The Transfer Of Property Act, 1882 [Entire Act]
Section 23 in The Transfer Of Property Act, 1882 [Entire Act]
The Transfer Of Property Act, 1882
Hilton Builders & Textiles Pvt. Ltd vs Special Paints Limited & Anr on 9 October, 2013
In the view that I take, I am supported by a decision of a
learned Single Judge (Shri S.C. Gupte, J) in the case of Hilton
Builders & Textiles Pvt. Ltd. (supra). The learned Judge
considered the law on the subject which can be found in Paragraphs
9 to 16 thereof (the SCC OnLine report), and read as under:-