Transfer of Property Act
speaks about the doctrine of lis pendens. Section 52 reads as under:
“52. Transfer of property pending suit relating thereto.—During ... pendens would apply. It was also submitted that section 52 prior to
amendment prohibited transfer made during the “active prosecution” of a
suit. Section 52
view, clearly demonstrates that,
notwithstanding the Rule of lis pendens in section 52 of
the T.P. Act, there can be occasion for the grant ... which
dealt with the principles of lis pendens specified in Section 52 of the TP
Act as follows
court of law and it recognizes the doctrine of lis pendens
Section 52 of the transfer of property act, 1882 and held that
if unfair ... court of law and it recognizes the doctrine of lis
pendens Section 52 of the TP Act and held that if unfair,
inequitable or underserved
Single Judge relieved the First Respondent from the
operation of lis pendens under Section 52 of the Transfer of Property Act,
1882 on the deposit ... motion was to relieve the First Respondent of lis pendens under Section 52
of the Transfer of Property Act, 1882. The Appellant
lis pendens
would apply. Learned counsel Mr. Shah strenuously submitted that as
observed in this judgment,
"The
principle of lis pendens embodied in sec ... aspect of lis pendens and alienation
pending litigation whether it would be hit by the doctrine of lis
pendens under sec. 52
lis
pendens.
41. In Celir LLP, this Court examined the expression
‘lis pendens’ in the following manner:
155. The term “lis pendens” as explained ... through the aforesaid state
amendment made to Section 52 of the TPA. The
amended Section 52 sub-section (1) of the TPA casts
upon
registered sale deeds obtained by the
appellants were hit by lis pendens under Section 52 of
the Transfer of Property Act as contended ... these transactions are bound by the doctrine of lis pendens. Section 52 of TP
Act deals with the doctrine of lis pendens. Section 52
without the same being subjected to
the operation of lis pendens under Section 52 of the Transfer of
Property Act, 1882 subject to whatever terms ... section 52 of T.P. Act. Section
52 surely applies in our case. But section 52 itself provides
for the Court granting relief from lis
Transfer of
Property Act speaks about the doctrine of lis pendens. Section 52 reads as
under:
“52. Transfer of property pending suit relating thereto. –
During ... Section 52 strictly speaking does
not apply to involuntary alienations such as court sales but it is
well-established that the principle of lis pendens
appellants also
invoked the doctrine of lis pendens embodied in Section 52 of the
Transfer of Property Act, 1882 and pleaded that having purchased ... Court would be hit by the doctrine of lis pendens enshrined in Section 52
of the Transfer of Property Act, 1882. Learned senior counsel further
