Transfer of Property act, 1882, Section 52 -- Lis pendens - Transfer made during pendency of litigation, which culminated into a decree by way of compromise - Suit was contested by both parties in which plaintiff had lost before Trial Court as well as First Appellate court and matter was compromised at stage of Regular Second Appeal - Held, only exception with regard to..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease and license - Distinction - A lease is a transfer of an interest in land - The interest transferred is called the leasehold interest - The Lesser parts with his right to enjoy the property during the term of the lease, and it follows from it that the lessee gets that right to the..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Doctrine of - Obligation of transfree - Held, transferee should be careful before he purchases a property which is subject matter of litigation - Doctrine of lis pendens recognized by S.52 of Transfer of Property Act prohibits dealing with property which is subject matter of suit - Lis pendens itself is stated as..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Section , Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Should be allowed to be brought on record as party to the suit or appeal - However, when Court thinks that such a impleadment is vexatious or designed to unnecessarily protract litigation, Court may..........
Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Bound ultimately by the decree passed in the pending suit or appeal...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Object - Sale made during the pendency of the litigation would be void or a nullity - It only puts an embargo upon such a sale by subjecting it to a decree passed or likely to be passed...........
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...........
Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit for declaration of ownership - Assignee of rights during pendency of suit - Held, assignee has a right to be impleaded as a party, he having stepped into the shoes of assignor...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Grant of - Sale pendente lite - Effect of provision of S.52 of TPA - Held, provisions of S.52 of the TPA though may be used in cases of sales which came in existence during the pendency of suit or in other fit and appropriate cases but that does not make..........
Transfer of Property Act, 1882, Section 52 -- Decree for specific performance - Execution proceedings - Doctrine of lis pendens - Applicability - Held, doctrine of lis pendens applies to the proceedings of execution of a decree passed in suit for specific performance of contract...........
