Transfer of Property Act, 1882, Section 52 -- Lis pendens - All developments over the suit property shall be subject to outcome of the suit...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Partition suit - When a suit is laid for Partition over certain properties, principles of lis pendens come into operation and any subsequent transaction by any of parties would be of no consequence and would not affect rights of others - There is thus, no need to move an application U.O.39.Rr.1, 2 CPC..........
Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105 -- Licence or lease - Nature of document - Exclusive possession was not handed over to defendant under document in question - Only a permission to occupy premises for conduct of business was granted - Parties are bound by agreement executed between parties - Construction of agreement would show..........
Transfer of Property Act, 1882, Section 52, 53 -- Fraudulent transfer - Mere filing of successive injunction suits by tenant against erstwhile owner which suits admittedly stand dismissed as withdrawn does not attract provisions of S.52 for same reasons sale of property in favour of trust cannot by any stretch of imagination be treated as a fraudulent transfer u/s.53 of..........
Transfer of Property Act, 1882, Section 52 -- Sale pendente lite during pendency of suit for specific performance - Sale is hit by S.52 of the Act - Such sale transactions in favour of subsequent purchasers shall have no adverse effect on rights of plaintiffs and shall remain subject to final outcome of suit in question...........
Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105, Specific Relief Act, 1963, Section 6 -- License or lease - Defendant granted license to plaintiff to carry on business of selling jewellery and handicrafts within hotel lobby - No interest created in respect of shop by defendant in favour of plaintiff - Plaintiff was not in exclusive possession..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Effect of S.52 of the Act is not to render transfer effect during pendency of suit by a party to suit void - But only to render such transfers subservient to rights of parties to such suit and pendente lite purchaser would be entitled to or suffer same legal rights and obligations of his vendor as may..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit property allotted to the share of plaintiffs in partition of 1982 - Even compromise was entered into between plaintiff and defendant no.1 holding said share of plaintiff - By virtue of said compromise defendant no.1 is aware that suit property was allotted to share of plaintiffs and he had no..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Differentiation - Intention assumes importance in differentiating between two transactions...........
Transfer of Property Act, 1882, Section 52 -- Agreement to sell - Executed during pendency of suit - Agreement is hit by doctrine of lis pendens...........
