Transaction of immovable property during pendency of Suit.
785 بار بازدید -
3 سال پیش
-
2021 CLC 87Lis pendens Transfer
2021 CLC 87
Lis pendens
Transfer of property pending suit relating thereto---Scope--- Where alienation of property is made by a party to the lis during the pendency of the suit, the transferee does not acquire any title free from clog of his unsuccessful transferor in whose shoes he stepped and for all intents and purposes, he shall have to swim and sink with his predecessor-in-interest and that the transferee of the suit even if for value and without notice who in ordinary judicial parlance is known as bona fide purchaser, in view of the rule/doctrine of lis pendens, shall be bound by the result of suit stricto sensu in all respects as the transferor will be bound.(About Doctrine of lis pendens )
PLD 2011 SC 905
the application of sec 52, Transfer of Property Act 1882 and the doctrine is circumscribed by certain conditions.
1. The suit must be related to specific immoveable property in which any rights of the parties are directly and substantially in question .
2. The suit should be pending at the time when the alienation in favour of the third person has been made .
3. Neither the suit itself nor the outcome thereof must be collusive, fraudulent and / or is meant to entrap , deceive , and defraud an innocent transferee specially a bona fide purchaser.
PLD 1993 SC 292
2002 SCMR 2003
Lis pendens
Transfer of property pending suit relating thereto---Scope--- Where alienation of property is made by a party to the lis during the pendency of the suit, the transferee does not acquire any title free from clog of his unsuccessful transferor in whose shoes he stepped and for all intents and purposes, he shall have to swim and sink with his predecessor-in-interest and that the transferee of the suit even if for value and without notice who in ordinary judicial parlance is known as bona fide purchaser, in view of the rule/doctrine of lis pendens, shall be bound by the result of suit stricto sensu in all respects as the transferor will be bound.(About Doctrine of lis pendens )
PLD 2011 SC 905
the application of sec 52, Transfer of Property Act 1882 and the doctrine is circumscribed by certain conditions.
1. The suit must be related to specific immoveable property in which any rights of the parties are directly and substantially in question .
2. The suit should be pending at the time when the alienation in favour of the third person has been made .
3. Neither the suit itself nor the outcome thereof must be collusive, fraudulent and / or is meant to entrap , deceive , and defraud an innocent transferee specially a bona fide purchaser.
PLD 1993 SC 292
2002 SCMR 2003
3 سال پیش
در تاریخ 1400/07/22 منتشر شده
است.
785
بـار بازدید شده