Counsel for the proposed defendant further submits that the doctrine of lis
pendens would not be applicable in the present case, as the proposed
defendant ... provisions of Section 52 of the Transfer of Property Act
or by lis pendense, would become contrary to records. If the learned
Court below
time being in force."
Further, Doctrine of lis pendens is expressed in the maxim "ut lite pendente nihil innovetur". It imposes ... down in Section 52 of the Act are satisfied.
The principle of lis pendens, it is said, owe its origin to the maxim of Roman
between respondent Nos 4 and 1 is hit by the
principle of lis pendens as per Section 52 of the Transfer
of Property ... hence, bar under Section 52 of the TP Act
i.e., lis pendens cannot be made applicable to the
agreement for sale
respect to the said property to be hit by the principles of lis pendens and
of cancellation thereof.
2. Notice of the appeal was issued ... defendant No.2
and transferred the property during the pendency of the lis?
4. Whether the defendant No.2 is a bonafide purchaser without
notice
rival contentions, the points that arise for consideration to decide
the lis are formulated as follows:-
1. Whether Ex.A.1 relinquishment deed ... suit for specific performance is admittedly pending for adjudication on
the subject lis?
4. If not and otherwise whether 1st defendant got adverse possession, else
section 52 of the Transfer of Property
Act as
lis pendence. If such is the case, the Court can take note of to mould ... Reddy Vs.Pratap Steels2.
2. Coming to the background of the
lis, the plaintiff's vendor B.Sathyanarayana
[email protected] Sathyanarayana Reddy
filing of the said suit. Thus, the purchase by
plaintiffs was lis pendens.
THE PLAINT ... barred by res-judicata?
4. Whether the suit is hit by lis-pendens under Section 52 of
the T.P.Act?
5. Whether the suit
favour of
N.K.Giriraja Shetty was hit by doctrine of lis
pendens and that the Sale Deed executed on
09.11.1974 does not bind ... pendency of the
suit and it is hit by the doctrine of lis pendens.
He submits that the suit for maintenance
evidence in giving its findings supported by reasons as to decide the lis
and therefrom to find how far the decision of the trial court ... extent possible scope for further litigation
and to give finality to the lis. It is in spite of non-filing of appeal or
cross-objections
short) and that lease
was not hit by doctrine of lis pendens. Learned District Judge
also found that even if it was held that Vijay ... without consent of the plaintiff, tenancy was hit
by the doctrine of lis pendens under Section 52 of TPA, 1882,
and therefore, defendant
