Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Release deed and sale deed executed during pendency of suit for permanent injunction and during operation of temporary injunction order - Subsequent purchasers will be bound by lis pendens and cannot claim they are bonafide purchasers for valuable consideration ...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties were never to create a relationship of lessor and lessee - Prior agreement between parties superseded by subsequent agreement - Defendants did not even step into witness box to establish that they were lessees not merely licensees of suit premises - There..........
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..........
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...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of party - Suit for specific performance - Transferee pendente lite - (i) a subsequent purchaser is a necessary and proper party; (ii) after sale, the owner can lose interest in litigation, thus it can adversely affect the..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Subsequent purchaser - Where property is purchased by subsequent purchaser during pendency of suit in good faith, principles of lis pendens will certainly be applicable notwithstanding the fact that his rights can be protected u/s 19-B of Specific Relief Act -..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of subsequent purchaser - Suit for Specific performance - Subsequent purchaser prima facie have no knowledge either of pendency of suit or passing of decree in favour of respondent No.1 - Sale deed in favour of subsequent purchaser does not automatically become void or..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of subsequent purchaser - Merely because the transfer during pendency of suit is hit by principle of lis pendens incorporated u/s 52 of T.P.Act that cannot operate as bar for court to exercise power U.O.1.R.10(2) CPC to permit subsequent purchaser for..........
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - A subsequent purchaser of the suit property from the judgment debtor would certainly be a `representative' of the said judgment debtor for the purposes of execution of the decree and would be covered by Section 47 CPC...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52, Registration Act, 1908, Section 17, 49 -- Lis pendens - Doctrine of - Whether applies to a sale deed executed prior to filing of suit but registered after filing of suit - Held, Yes. - Sale is complete only on registration of sale deed though on registration it relates back to its date of..........
