Bajpai, J.

1. The principle of lis pendens as contemplated by section 52 of the Transfer of Property Act owes its origin to the maxim of Roman Law "rem de que controversia prohib mur in acrum decicare." This means that where the subject in dispute owing to contest in between parties passes into the custody of the Court, parties are under an obligation not to withdraw it from the protection of the Court and that is why it was provided that the property involved in a suit cannot be transferred or otherwise dealt with by any party so as to affect the rights of any other party thereto under any decree or order which may be made therein. The consequence, thus, was that a transferee pendente lite remains bound by the ultimate decision of the lis, But these provisions were not meant for enabling a party who had no right, title or interest to snatch away the property from the hands of a purchaser pendente lite on the basis of an admission made by the codefendant-transferor subsequent to the date of transfer stating that he had no right title or interest and that the plaintiff was the owner. The reason is that it would be in equitable to allow a person who has parted with his interes