Section. 52 Transfer of Property Act,
But while
provides doctorine of Lis pendens . It is a Latin
term it means transfer during pending litigation.
This doctrine puts restriction on the Transfer of
Property during the pendency of the suit in a court
competent to try it.
Transfer of Property pending suit relating thereto
- Section.52- during the pendency in any Court
having authority within the limits of excluding the
state of Jammu and Kashmir, or established
beyond such limits, by the central government of
any suit or proceeding which is not Collusive and
in which any right to removable property is directly
and specifically in question, the property cannot be
transferred or otherwise dealt with by any party to
the suit or proceeding so as to affect the right of
any other party thereto under any decree which
maybe made therein , except under the authority
of the court and on such terms as it may impose .
Explanation -
for the purpose of this section
the dependency of a suit or proceeding shall be
deemed to commence from the date of the
presentation of the plaint or the Institution of
the proceeding in a Court of competent
jurisdiction, and to continue until the suit or
proceeding has been disposed of by a final decree
or order and complete satisfaction or discharge of
such degree or order has been obtained, or has
become unobtainable by reason of the expiration of
any period of limitation prescribed for the execution
thereof by any law for the time being in force.
3. The Object of this Doctrine -
I. avoid endless litigation.
II. To protect one of the parties to the
litigation against the act of the order .
III. to avoid abuse of legal process.
4.Essential to constitute Lis pendens.
a .there should be a suit or proceeding.
b. Such suit or proceeding is pending before
competent court having jurisdiction to try it .
c. Such suit or proceeding is not collusive.
d. The suit or proceeding must be such a which
the question of immovable property is directly or
substantially in issue.
e. The suit or proceeding must be pending .
f . then neither party to the suit or
proceeding shall transfer or otherwise deal with
immovable property, which is the subject matter
of such a suit.
g . so as to defeat the right of
party. provided (exception ) with the leave or
permission of the court even during dependency of
the suit property can be transferred .
granting such permission the court may impose
certain conditions, which are to be obeyed by the
parties. Generally in such case Court can the
security from such parties to whom such
permission is granted. If any transfer is made in
violation of this provision then such transfer are not
recognised by law as proceeding de novo (fresh)
not necessary .
The Court discretionary powers. The Court may
give permission or not.
Illustration
A, who is landlord has filed a Suit against a tenant
B for the recovery of possession of the premises . B
knows that he will lose the Case. he is debarred or
prevented form creating any third party interest in
the property, during the pendency of the suit .
suppose B creates the interest in C in respect of
the property which is subject matter of suit then if
suit is decided and decree in favour of A the
decree cannot be executed against C who is in
possession of the property now . this will defeat the
provision of law .
5. Exception to the rule of Lis pendens.
The bonafide purchaser for value
without notice. Bonafide purchaser is the
purchaser who in the good faith, after due enquiry
from the Seller who has taken proper precaution.
for value- he has become purchaser for
consideration without notice for example . without
knowledge of defective title of the Seller .
if he is not a bed of Bonafide purchaser for value
without notice then transferee shall not be entitled
to any protection where is where in he purchased
the property at his own risk and Peril .
6.Amendment to Indian registration (Bombay
Amendment Act 1939)
as per the amendment it is necessary in the
state of Maharashtra and Gujarat that in event Of
such Suite there must be notice of pendency of the
suit or proceeding to be registered under the
provision of section .18 of the registration act . The
amendment to section 52 provides for a notice of
Lis pendens . is mandatory and shall be registered
under section.18 of the Indian registration act.
The notice shall following particulars-
first- such a notice is mandatory.
second - such notice shall be registered under
section.18 of the Indian registration act.
Third - in such a notice following particulars shall
be incorporated -
1) the name and address of the owner of
immovable property
2) the name and address of the person whose is
right to the immovable property is in question.
3) the description of the immovable property .
4) the nature of right in respect of
such immovable property.
5) the court in which such a suit for proceeding
depending.
6) the nature and title of suit of proceedings
7) the date on which the suit the suit
or proceeding was instituted .

Case Law :-

A) M/s Supreme general films Exchange Limited. vs

brijnath Singh AIR, 1975 SC 1810.
A theater Plaza Talkies, was attacked execution of
a decree against the owner of theatre . A lease of
the same theatre was excluded in favour of
appellant company during the attachment .
Supreme Court held that the lease is to be struck
by doctrine Lis pendens.

Jayaram mudaliyar vs Ayyaswami and

others AIR 1973 . Supreme Court 569 .
Supreme Court held that the purpose of S. 52 of
Transfer of Property Act , is not to defeat in any
just and equitable claim but only subject them
to the authority of the court which is dealing with
the property to which claims are put forward .

Conclusion
the purpose of doctrine or lease tender is
not to affect any just equitable claim. this section
protect the rights of the parties who claim interest
in the property by filing a suit . The rule of Lis
pendens is based on the maxim that "nothing new
should be introduce in a pending litigation." the
application of this role does not depend upon the
transferee who had knowledge of the pendency of
the Proceeding.
According to this rule during the
pendency of the litigation , no party to the litigation
can transfer the suit property with intention to
affect the right of the opposite party