Chander Bhan (D) vs Mukhtiar Singh 2024 INSC 377 – Lis Pendens – TP Act

Transfer of Property Act, 1882; Section 52- Doctrine of lis pendens- Object underlying the doctrine of lis pendens is for maintaining status quo that cannot be affected by an act of any party in a pending litigation. The objective is also to prevent multiple proceedings by parties in different forums. The principle is based on equity and good conscience- Referred to Rajendra Singh v. Santa Singh, AIR 1973 SC 2537; Dev Raj Dogra v. Gyan Chand Jain, (1981) 2 SCC 675; Sunita Jugalkishore Gilda v. Ramanlal Udhoji Tanna, (2013) 10 SCC 258- Even if Section 52 of T.P Act is not applicable in its strict sense in the present case then too the principles of lis-pendens, which are based on justice, equity and good conscience, would certainly be applicable- Pendency of a suit shall be deemed to have commenced from the date on which the plaintiff presents the suit. Further, that such pendency would 14 extend till a final decree is passed and such decree is realised. (Para 16-18) – Subsequent purchasers will be bound by lis pendens and cannot claim they are bonafide purchasers because they were not aware of the injunction order (Para 22)

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