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Report No. 157

3.15. Practical experience.-

Experience has shown that very often, the defendants transfer the suit property to third parties without intimating them of the pendency of the suit. There is no proper or convenient means available to the purchasers for finding out the pendency of a suit with respect to the property being purchased by them. Searching the registers of courts is not a practical course, particularly in major cities and towns where there are a number of courts and the number of suits run into thousands, and when there is no comprehensive system of indexing of suits.

It is just not possible for any person to find out whether any of these pending suits pertains to the property being purchased by him. In such a situation, they purchase the property and, much later, they come to know that the property was directly and specifically in question in a suit and that the purchase is, therefore, subject to the decree or order passed in that suit. In many cases, they lose the property completely by virtue of the operation of the rule contained in section 52.

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

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