Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - Can be added as a proper party to protect his interest...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Nomenclature in the document is not the governing factor - The essential feature that distinguishes a lease from licence is always a transfer of interest in the demised property in a transaction of lease while a licensee does not involve any such transfer of interest - Further..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 47 -- Lis pendens - Execution - Alienation made during pendency of a litigation is hit by the principles of lis pendens and the alienee acquires no title - Even otherwise subsequent purchaser if purchased any part of the property can file a petition u/s 144 CPC after the decree holder recovers..........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Attachment of property in execution of decree - Transferee lis pendens filed objections alleging that he was bona fide purchaser of said property for consideration - Held, objector purchased property after passing of attachment order - Hence, sale transactions was hit by principle of lis pendens -..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Applies even when execution proceedings are pending...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Requirements for applicability of the principle of lis pendens are : (a) A suit or a proceeding in which any right to immovable property is directly and specifically in question must be pending; (b) The suit or proceeding shall not be a collusive one; and (c) The property which is subject matter of dispute during..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Pendency of a suit or proceeding - Must be deemed to have commenced from the date of presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Dismissal of suit for non prosecution or in default - Suit if restored then for the purpose of lis pendens, the restoration is to relate back to the date of presentation of the plaint...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Plaint when insufficiently stamped and time for making good deficiency of court fee is granted then the plaint is deemed to be presented when it was first received by the Court...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Pendency of a suit or a proceeding - Principle of lis pendens apply not only upto the stage of passing of final decree by trial Court or by last Court of appeal but also applies upto the stage of complete satisfaction or discharge of such decree or order or otherwise becomes un-executable...........
