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1 - 10 of 14 (0.29 seconds)Section 13 in The Indian Evidence Act, 1872 [Entire Act]
Section 52 in The Indian Evidence Act, 1872 [Entire Act]
Section 107 in The Code of Civil Procedure, 1908 [Entire Act]
Section 117 in The Code of Civil Procedure, 1908 [Entire Act]
Smt. Sefali Roy Chowdhary And Ors. vs A.K. Dutta on 6 May, 1976
17. Shri Chaudhary submits that the doctrine of Us pendens, does not apply and has no effect on the decree passed in O.S. No. 28 of 1956. The doctrine incorporated in Section 52 of the Transfer of Property Act, secures the rights of the parties of a suit, from voluntary transfer or otherwise dealing with the property. It deals with transfers made by a party to the suit. The decree of the Court is not a voluntary transfer or a transfer dealing with the property by a party. He has relied upon Smt. Safali Roi Chowdhary v. A. K. Datta AIR 1976 SC 1810, in which it was held that Section 52 of the Transfer of Property Act defines as an act by which a living person conveys property to another. When the Legislature in exercise of its sovereign powers regulates the relations of landlord and tenant altering or abridging their rights, it is not transfer of property attracting the doctrine of Its pendens.