Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for pre-emption - Doctrine of lis pendens applies to a suit for pre-emption - Doctrine of lis pendens does not allow the litigating parties pending the litigation to transfer their rights in the property in dispute so as to defeat or prejudice the right of the pre-emptor...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis-pendens - Forbids creation of new rights over the property, which already is the subject matter of suit and is directed to injure the rights of the claimants...........
Transfer of Property Act, 1882, Section 52, Punjab Pre-emption Act, 1913, Section 15 -- Doctrine of lis-pendens applies to suit for pre-emption - Doctrine does not allow the litigating parties, pending litigation, to transfer their rights in the property in dispute so as to defeat or prejudice the right of pre-emptor...........
Transfer of Property Act, 1882, Section 52, Punjab Pre-emption Act, 1913, Section 15 -- Any transaction or transfer by way of sale, collusive decree etc. taking place during the pendancy of the suit of the pre-emptor to pre-empt the sale - Doctrine of lis-pendens apply - Right of pre-emptor being superior right, cannot not be defeated or pre-judiced - Suit of pre-emptor..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for specific performance - Property purchased during pendency of suit is hit by S.52 of the Act - Doctrine of lis pendens is applicable to seek for specific performance as well...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation - Plea of plaintiff that he has perfected his title by way of adverse possession - Held, defendant being the true owner cannot be restrained from alienating the suit property - Any sale effected during the pendency of suit shall be hit by doctrine of lis pendens and thus will..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Decree for specific performance - Pendente lite transferee is bound by the decree even if he has no notice of pendency of litigation - Fact that suit was decreed on the basis of consent is not a bar for the applicability of the doctrine of lis pendens unless there is proof of collusion against such transferee..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Defendant No.3 purchased suit during pendency of suit after inquiry from defendant No.1 and having satisfied that no prior agreement of sale is subsisting between defendant No.1 and plaintiff or with any other person - Held, doctrine of lis pendens is not applicable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit barred by O.2.R.2 CPC - Temporary injunction cannot be granted - Suit for specific performance - Suit property sold to third party during pendency of suit for injunction - Restraining third party from changing nature of suit property and from raising any construction - Suit..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102 -- Specific performance decree - Execution - Objections by subsequent purchaser during pendency of suit - Transaction is barred by doctrine of lis pendens - Objections of subsequent purchaser during pendency of suit are not to be adjudicated like a civil suit but have to be summarily disposed of...........
