Transfer of Property Act, 1882, Section 52 -- Lis pendens - Compromise decree obtained by fraud and collusion and with object to defeat rights of transferee pending litigation - Liable to be set aside - Not binding on transferee...........
Civil procedure Code, 1908, Section 144, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Exparte eviction order - Tenant evicted - Exparte decree set aside and court ordering restitution of possession - In the meantime landlord transferred property who inducted tenant - Tenant filing suit and sought temporary injunction restraining execution of order of..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease and licence - Distinction - Cardinal distinction between a lease and a licence is that in the former there is a transfer of interest in immovable property to enjoy, where in the later case there Is no transfer of interest in immovable property at all - An important feature of lesee's right..........
Transfer of Property Act, 1882, Section 52 -- Lis - Commences from the date of institution of suit and continues to survive till the satisfaction of the decree...........
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 52 -- Decree for specific performance - Before execution J.D. transferred the property subject matter of decree - Transferees are bound by the decree - Objections of transferees to the execution of decree that the decree is not binding on them as they were not parties to the suit and that they..........
Civil Procedure Code, 1908, Section 47&, Transfer of Property Act, 1882, Section 52 -- Decree for specific performance passed - Property transferred - Transferees raising objection in execution that the decree is not binding on them as they were not party to the suit and the decree is not executable against them as they are bonafide tansferees for value - Order of Courts..........
Transfer of Property Act, 1882, Section 52 -- Us - Commences from the date of presentation of the plaint or institution of the proceedings - issuance of notice and service of notice is of no consequence...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Sale effected during pendency of partition proceedings before a Revenue Officer - Sale is hit by rule of lis pendens - A purchaser of undivided share pending partition proceedings takes only that property which is allotted on partition to the vendor...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Scope - It has nothing to do with annulment of conveyance or transfer otherwise - It only renders it subservient to right of parties to litigation - Its effect is only to bind the transferee if he happens to be a third person, with any decree that is made in the suit...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens-Adverse possession-Plaintiff came into possession during pendency of an earlier suit between the parties-Cannot be said that he cannot acquire rights by adverse possession due to doctrine of lis pendens-Doctrine of lis pendens does not arrest the running of period of limitation during the pendency of the earlier..........
