TABLE OF CONTENTS

PARTICULARS

INTRODUCTION

ORIGIN OF THE DOCTRINE OF LIS PENDENS

THE PURPOSE OF THE DOCTRINE OF LIS PENDENS

CONDITIONS FOR APPLICABILITY OF THE DOCTRINE AS

PROVIDED IN SECTION 52

SUGGESTIONS

CONCLUSION
 INTRODUCTION: “This is a doctrine
The Transfer of Property Act, 1882, was promulgated embodying common to law and
the principles of English Common Law, namely equity, good equity courts, which I
conscience, and justice underscored by the provisions of the Indian apprehend, on the
Contract Act, 1872, and came into force from July 1, 1882. grounds that, if
alienation pendente lite
Property or ownership are synonymous with each other, and
was allowed to prevail,
ownership interest is automatically created when a right is vested.
it would simply not be
 Ownership has to be:
possible for any action
1. Indefinite in point of the user – The owner may use the property or suit to be resolved
subject to some restrictions without injuring the rights of other successfully. In any
persons, but at no point in time will it negate the ownership in the case, the Plaintiff will be
property even if the rights may be curtailed. responsible for the
Defendant who
2. Unrestricted in the point of disposition – The owner has an
alienated the property
unfettered right to dispose of the property. However, there are
before the judgment or
exceptions to this as minors (those below the age of 18) can be
the decree and must be
owners but cannot alienate the property. Also, the Government
obliged, according to the
may acquire the property for specific purposes irrespective of the
same course of action, to
property owner’s consent.
initiate these
3. Unlimited in the point of duration – As long as the property in proceedings de novo.”
question exists, the property rights are heritable. Again, the
The facts of the above
Government can, at any point, acquire the property and terminate
case were the following:
the owner’s rights.
A person, Mr X, sold an
The Transfer of Property Act covers transfers inter vivos, i.e.,
immovable property to
between two living persons. A transfer is defined as an act by which
Mr A.
living persons convey the property to one or more living persons.
Mr X’s son, Mr Z, who
The transferee can get the transferor’s rights and nothing more,
was the heir of Mr. X,
where the owner is the transferor, and the transferee is the person or
sued Mr A in a
persons to whom the rights are conveyed.
competent court to
The first amendment to the Transfer of Property Act, 1882, was in declare the sale as void.
1929, whereby the definition of living persons was amended to
However, while this
include companies, associations, and bodies of individuals, whether
litigation was pending,
incorporated or not.
Mr. A sold the property
to Mr. B, who did not
take notice of the suit.

The Court held that the

son Mr. Z was entitled
to the property and the
 ORIGIN OF THE DOCTRINE OF LIS PENDENS:
sale was set aside.
The doctrine of Lis Pendens has its origin by Lord Justice Turner
Mr. B who purchased
in Bellamy Vs. Sabine, 1857 Where the Court observed the
the property from Mr. A
following:
does not get any title as
 he purchased the property from someone who did not have the title A suit or proceeding is
and therefore cannot convey it. pending.

Therefore, evolving the principles of common law and Section 52 The above suit is
of The Transfer of Property Act, 1882, was born and is as follows: brought to a competent
court within the
When there is an ongoing lawsuit in any Court having authority
jurisdiction.
within the limits of India, a suit or proceeding in which any right to
immovable property is precisely in question, the property cannot be The right to the title of
conveyed by any party to the lawsuit which can influence the rights an immovable property
of any other party thereto under any order which may be rendered is directly in question.
therein, unless under the jurisdiction of the Court and on such There cannot be any
conditions as it may enforce. collusion.
Lis Pendens literally means ‘litigation pending’ or ‘pending suit’ The suit should directly
and is drawn from the concept based on the maxim “Pendente lite affect the rights of the
nihil innovature” which means that nothing new must be introduced other party.
while a litigation or suit is pending.
The property in question
This Doctrine states that the Transfer of property shall be restricted is being transferred by
when there is a litigation pending on the title or any rights that arise either party.
directly thereof involving an immovable property.
Some examples for
The suit commences the moment a complaint is presented or the Non-Applicability:
day of commencement of proceedings in the appropriate Court and
This does not apply to a
shall be terminated by Order of the Court.
private sale by a creditor
The Court may, however, permit any party to the suit to transfer the who holds the right to
property on such terms which it may think fit and proper to impose. dispose of the property
The sale of immovable property can take place through private that is mortgaged to it
negotiations, but the said Transfer will be subservient to the verdict even when the borrower
of the competent Court. has a redemption suit
pending.
Now that the doctrine is clear, an inevitable question that may arise
is – what is the objective or purpose of this doctrine? Let us read on The Doctrine also does
to find out. not apply when the
property is not described
 THE PURPOSE OF THE DOCTRINE OF LIS PENDENS:
correctly, making it
This Doctrine is essential as it prevents Transfer of the title of any
unidentifiable.
disputed property without the Court’s consent, there can be endless
In a maintenance suit,
litigation, and it will become impossible to bring a lawsuit to a
where the property is
successful termination if alienations are permitted to prevail, and
mentioned only so that
covenants are not imposed.
maintenance payments
The ‘Transferee pendente lite’ is bound by the verdict just as if he
can be determined
were a party to the suit and the transfer shall be subservient to the
transparently; the
result of the pending lawsuit.
Doctrine does not apply

 CONDITIONS FOR APPLICABILITY OF THE DOCTRINE when a right to the said

AS PROVIDED IN SECTION 52:

 immovable property is not directly in question and alienations are
thereby permitted.

The Doctrine fails to apply when a Court orders restoration of

immovable property under the Civil Procedure Code, Order 21,
Rule 63.

 SUGGESTIONS:

To digitize all property records, while the Doctrine is necessary to

ensure that the property rights of the parties involved are protected,
it is also imperative that technology be employed so that the
property title in question does not get transferred while the case is
pending. This can be achieved by the complete digitalization of
property records wherein all properties are accorded a property
identification number, this along with the fact that India has already
created a Unique Identification System for all its citizens via the
Aadhaar card can be combined to ensure that the integrity and
sanctity of the data are never in question. This will also help in
avoiding cases where the property cannot be identified.

When an encumbrance certificate (EC) is issued, it mentions any

encumbrance. This can be improved, so as to list any pending
litigation(s) to alert the registering authority and the parties
concerned.

 CONCLUSION:

The doctrine of Lis Pendens is strictly based on the theory of

necessity rather than on the theory of notice governed by the
principles enshrined in common law, namely Justice, Equity and
Good Conscience. It is, therefore, pivotal in ensuring that justice is
provided without injuring the rights of either party.
 IN THE COURT OF SENIOR CIVIL JUDGE ___________
SUIT NO. ____________ OF 20..

IN THE MATTER OF:

ABC

…...Plaintiff
XYZ Versus

…...Defendants

SUIT FOR PERMANENT INJUNCTION MAY

IT PLEASE YOUR HONOUR

1. That the plaintiff is the permanent resident of the above

mentioned address in property bearing no. ________ ………. for the
last many years and is living with wife and minor children, as a tenant.

2. That the plaintiff is a tenant in respect of the above said property

bearing no_____________ consisting two rooms, latrine and kitchen in the
above said premises of Rent Rs. 150/- (Rs. 150/-) p.m. excluding
electricity and water charges under the tenancy of late
Sh_________ who died on _______ and late Sh. _____ used to collect
the rent from the plaintiff but late Sh. _____did not issue any rent
receipt to the plaintiff even after several demands made by the plaintiff
but he always used to postpone the issue of rent receipt.

3. That the plaintiff spent a huge amount on the construction of these

two rooms in the above said premises at the request of Late
Sh. _____and Sh. _____assured the plaintiff to adjust the said rent
(the plaintiff is having the necessary documents/proofs of material for
construction of rooms in the above said property). It is also pertinent to
mention here that the plaintiff looked after late Sh.
______ many times, whenever he fell ill.

4. That at present the plaintiff is having the peaceful possession of

premises no. ____________ and is having the whole necessary
documents/record regarding possession (photocopy of Ration Card, School
Card is enclosed herewith) but the above said defendants are intended
to disturb the peaceful physical possession of the plaintiff of the above
said premises.
5. That the plaintiff is having the whole necessary household goods which
are lying/kept in the above said premises and is living peacefully.

6. That the plaintiff has paid the agreed rent @ Rs. 150/- p.m. to
late Sh. ______upto ________. It is also pertinent to mention hare
that the legal heirs of late Sh. ______are not in the knowledge of the
plaintiff and at present also the plaintiff is ready to tender the rent
before the legal heirs of late Sh._____________.

7. That on dt. _________ the above said defendant came to the above
said premises of the plaintiff and threatened the plaintiff to vacate the
tenanted premises immediately otherwise the plaintiff would have to
face dire consequences, when the plaintiff asked about their identity then
they did not disclose the same, instead started throwing household
goods forcibly and illegally and started to quarrel with the plaintiff
when the local residents/neighbours intervened in the matter then the
defendants left the spot after threatening for dire consequences and to
dispossess the plaintiff forcibly and illegally in the near future with the
help of local goondas. The defendants openly stated that the staff of
police post Matiala dances at their tune and it is a very easy job for
them to dispossess any person or to grab the property of any one with
the help of the police staff.

8. That immediately on the same date the plaintiff rushed to the police
post Matiala to lodge his report against the defendants regarding such
incident but duty officers did not lodge the report of the plaintiff. The
plaintiff was surprised to see that both the defendants were already
present at the Police Post Matiala.

9. That on ________, the plaintiff sent a Registered Notice to the

defendant no. 1 and copy to Chowki Incharge Police Post ________
by Regd. A.D. (copy of the same is enclosed herewith) but P.P.
_______ staff has not taken any action against the defendants for reasons
best known to them.

10. That on ________ , the defendants along with two unknown

persons/ whom the plaintiff can recognise by face, came to the
above said premises bearing no. _______,______, and knocked at the
door at odd hours and threatened the plaintiff to come out of the room.
The plaintiff saw their faces from gaps of the door and the plaintiff got
nervous, and therefore did not come out of the two-room apartment.
The said persons threatened the plaintiff to vacate the premises
immediately. However, then the neighbors gathered there and they
restrained the defendants from dispossessing the plaintiff from the
above said premises forcibly
and illegally. When the neighbours threatened them, they left the spot
with a threat to come after one or two days with heavy force to
dispossess the plaintiff from the above said premises forcibly and
illegally.

11. That on dt. _________, the plaintiff again went to the police post
Matiala to lodge the report against the defendants but no Police Officer of
P. Post Matiala is ready to listen against the defendants and they advised
the plaintiff to approach to the competent court of law to seek his remedy
and to get injunction order against the defendants and the P.S. _.

12. That the plaintiff has no other efficacious remedy except to

approach this Hon'ble court for seeking relief of injunction against the
defendants from interfering in the peaceful possession of the premises
no. _.

13. That the cause of action arose on different date when the defendants
threatened the plaintiff to vacate the premises no.
__________ and threatened the plaintiff of dire consequences and further
to dispossess him from the above premises bearing no.__________
forcibly and illegally. The cause of action lastly arose on dt. 11.2.2015
when the defendants again threatened and tried to
dispossess the plaintiff from the premises no. ______ forcibly and
illegally with the connivance of the Local Police. The cause of action still
subsists as the threat of the defendants to dispossess the plaintiff and to
create disturbance in the peaceful possession of the premises no
_____________________continues.

14. That the parties to the suit for the purpose (s) of court fee and
jurisdiction is Rs. 130/- on which the requisite court fee has affixed.

15. This Hon’ble Court has jurisdiction to entertain this suit because
the part of the cause of action arose at Delhi and the suit property is
situated within the territorial jurisdiction of this Hon‟ble Court.

PRAYER:

It is, therefore most respectfully prayed that this Hon ‟ble Court may be
pleased to :-

1. pass the decree for Permanent Injunction in favor of the plaintiff and
against the defendants thereby restraining the defendants, their
representatives, employees, agents etc. from dispossessing the
plaintiff forcibly and illegally from the
 tenanted premises bearing no. _______ ……………. and also
from interfering in the peaceful possession of the above said
premises.
2. award cost of the suit in favour of the Plaintiff and against the
Defendants;
3. pass such other and further order(s) as may be deemed fit and
proper on the facts and in the circumstances of this case.

Place & Date

Plai

ntiff Through

Counsel

VERIFICATI
ON:

Verified at Delhi on this ….. day of ………… 20... that the

contents of paras 1 to .. of the plaint are true to my knowledge
derived from the records of the Plaintiff maintained in the ordinary
course of its business, those of paras .. to ... are true on information
received and believed to be true and last para is the humble prayer
to this Hon’ble Court.

...Plaintiff

[NOTE : This plaint has to be supported by an affidavit]

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IN THE COURT OF _____________

__________ Vs. _________

Suit For Permanent Injunction

Application For Permission To Withdraw The Suit

AFFIDAVIT
I, _______ son of ___________, resident of ______________, do hereby
solemnly affirm and declare as under :-
1- That I have filed the accompanying application today before this Hon’ble court
and the contents of which may kindly be read as part and parcel of this affidavit
for the sake of brevity and avoidance of repetition.
2- That the plaintiff has narrated different facts to the counsel but the counsel for
the plaintiff has misunderstood the facts and narrated some thing different.
DEPONENT.
VERIFICATION:
Verified that the contents of my above affidavit are true and correct to best of our
knowledge and belief and nothing material has been concealed therein
Verified at _______ on ____________
DEPONENT

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