Lis Pendens Property Transfers

Summary

The principle of lis pendens under Section 52 of the Transfer of Property Act, 1882, restricts property transfers during litigation without court permission. It aims to prevent multiple proceedings and protect parties rights. The Supreme Court of India in Jayaram Mudaliar vs. Ayyaswami & Others (1972) emphasized maintaining property status quo during litigation. Courts recognize that injunction orders do not resolve title disputes.

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the principle of lis pendens under the Transfer of Property Act, courts are aware that orders made in injunction suits do not resolve the underlying title disputes. The court discussed the mechanism of lis pendens, emphasizing that pending litigation, the property should not be alienated or the title altered through injunction proceedings.
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