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Report No. 157

3.12. Object and purpose of the section.-

As was observed by the Supreme Court in Jayaram's case, AIR 1973 SC 569, "the purpose of section 52 of the Transfer of Property Act is not to defeat any just and equitable claim but only to subject them to the authority of the court which is dealing with the property to which claims are put forward." The doctrine of lis pendens was intended to strike at attempts by parties to a litigation to circumvent the jurisdiction of a court, in which a dispute on rights or interests in immovable property is pending by private dealings which may remove the subject-matter of litigation from the ambit of the court's power to decide a pending dispute or frustrate its decree.

Alienees acquiring any immoveable property during a litigation over it, are held to be bound by the application of the doctrine, by the decree passed in the suit even though they may not have been impleaded in it. The whole object of doctrine of lis pendens is to subject parties to the litigation as well as others, who seek to acquire rights in immoveable property, which are the subject-matter of a litigation, to the power and jurisdiction of the court so as to prevent the object of a pending action from the defeated.1

Section 52 seeks to subordinate all derivative interests or all interests derived from parties to a suit by way of transfer pendente liteto the rights declared by the decree in the suit and to declare that they shall not be capable of being enforced against the rights acquired by the decree holder. A transferee in such circumstances, therefore, takes the consequences of the decree which the party who made the transfer to him would take as the party to the suit.

The principle of lis pendens embodied in section 52 being a principle of public policy, no question of good faith or bona fides arises. Such being the position, the transferee from one of the parties to the suit cannot assert or claim any title or interest adverse to any of the rights and interests acquired by another party under the decree in suit. The principle of lis pendens prevents anything done by the transferee from operating adversely to the interest declared by the decree2

1. Rajendar Singh v. Santa Singh, AIR 1973 SC 2537.

2. Mohd. All v. Abdullah, AIR 1973 Mys 131 (133).



Section 52 of the Transfer of Property Act, 1882 and its Amendment Back




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