New Register for Workshop on How to start for NABARD 2025 (Stepwise Plan) - Apr 26, 7 PM

    Question

    Which one of the following is not an essential condition

    for application of Rule of "Lis Pendens" under section 52 of the Transfer of Property Act? 
    A Pendency of a suit or Proceeding Correct Answer Incorrect Answer
    B Pendency in a competent court Correct Answer Incorrect Answer
    C Suit must be collusive Correct Answer Incorrect Answer
    D Alienation must affect the rights of the other party. Correct Answer Incorrect Answer

    Solution

    The suit must be collusive is a negative connotation and cannot be a condition which is legally supported. As per Dotcrine of lis pendens all the options constitute essential conditions except suit must be collusive. ·         Doctrine of lis pendens is a common law doctrine traces it’s origin to 100 years back. ·         It was in the case of Bellamy v. Sabine that Turner, L.J., declared that the theory of lis pendens was a doctrine common to both the courts of law and equity, since it would be practically impossible for the action that has been brought in court to be resolved if alienations pendente lite were allowed to proceed. ·         Applicability in India- ü  It is incorporated under s. 52 of the Transfer of Property Act, 1882. ü  With regard to lis pendens and its application to private affairs, the Supreme Court said in Rajendar Singh v. Santa Singh that the doctrine aims at preventing the court from settling a dispute relating to the property in question and thereby preventing the decision from being implemented.

    Practice Next