impose. The purpose behind and rights flowing from registering of lis pendens under Section 52 of the Transfer of Property Act is no longer ... right to register the lis pendens after complying with the necessary formalities as contemplated under Sub-section (2) of Section 52 of the Transfer
during lis pendens, ceases to have no right over the property in dispute.
13. The doctrine of lis pendens is recognised under Section 52 ... alienation pendente lite is inherited by doctrine of lis pendens, by virtue of of Section 52. Alienee cannot be considered to be either a necessary
alienation would obviously be hit by the doctrine of lis pendens by operation of Section 52 of the Transfer of Property Act. The principle underlying ... Court examined the background of insertion of the doctrine of lis pendens in Section 52 of the Transfer of Property Act. It referred
party to the suit. The principle of lis pendens embodied in
Section 52 of the T.P. Act being a principle of public policy ... alienation obviously would be hit by the doctrine
of lis pendens by operation of Section 52 and under these
circumstances, the respondents therein cannot
suit
for recovery of money, therefore, the doctrine of lis pendens contemplated under Section
52 of the Transfer of Property Act, cannot be pressed into ... lis pendens will not apply
to any money suit, because this section cannot say so, since the Explanation given in
Section 52 is conspicuous
Section
52 of the Transfer of Property Act, 1882 shall be
renumbered as sub-section (1) of Section 52 of the
said ... petitioner has under the provisions of Section 52
of the Transfer of Property Act, 1882 got the lis pendens
registered with the competent authority
aforesaid queries
contended that though by the principles of lis pendens enshrined in Section
52 of the Transfer of Property Act, if the plaintiff succeeds ... principle of English Law of lis pendens having been codified in
Section 52 of the Transfer of Property Act, has to be governed thereby only
principle of lis pendens under Section 52 of the Transfer of Property Act, 1882. In
support of such contention, Mr. Roy relied on the decision ... cannot be said to be hit by the principle of lis pendens under Section 52 of the
Transfer of Property Act. I am in respectful
impugned order, rejected her objection holding that the doctrine of lis pendens under Sec. 52 of the Transfer of Property ... auction purchaser by virtue of the principle of lis pendens embodied under Sec. 52 of the Act. Reliance was placed by him on the following
Property Act (1882), S. 52 . Suit for specific performance of contract. Sale during pendency held affected by doctrine of lis pendens."
12. Learned counsel ... Order 2, Rules 98 and 101, T.P. Act , Section 52 /Lis Pendens. Transferee pendente lite, rights of. Expression "Transferee from the judgment debtor
