Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Doctrine of Lis Pendens

Thursday, November 11, 2010
Doctrine of Lis Pendens

Doctrine of Lis Pendens — Applicability of — Respondent No.1, in the present case, entered into an Agreement for Sale with the appellant — However, the said respondent No.1 executed the sale deed on 2.8.1971  in favour of respondent nos. 2 to 6 — The sale deed executed in favour of the said respondent nos. 2 to 6 was, however, registered on 3.9.1971 — Being aggrieved, the appellant filed a suit for specific performance against the respondent no.1 for executing the sale deed of the land in question on 10.8.1971 — Trial Court dismissed the suit vide judgment and decree dated 4.9.1973 on the ground that that sale deed deemed to have come into force on 2.8.1971, as the registration thereof dated 3.9.1971 would relate back to the date of execution which had been prior to the institution of the suit and thus, the doctrine of lis pendens would not apply — Said judgment and decree of the trial Court was upheld by the First Appellate Court as well as by the High Court — Held, doctrine of lis pendens would apply in the present case as the registration of the sale deed was subsequent to filing of the Suit and subsequent purchasers i.e. respondent Nos. 2 to 6 cannot claim benefit of the provisions of Section 19(b) of the Specific Relief Act, 1963 — Appeal allowed — The judgment and decree of the courts below are set aside — Transfer of Property Act, 1882, Sections 52 and 54 — Registration Act, 1908, Section 47 — Specific Relief Act, 1963, Section 19(b).

 
Saturday, July 24, 2010
Doctrine of Lis Pendens

Doctrine of Lis Pendens — Held, doctrine of lis pendens does not annul the conveyance by a party to the suit, but only renders it subservient to the rights of the other parties to the litigation — Transfer of Property Act, 1882, Section 52.

 
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