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ARINDAM LODH
Debasish Paul – Appellant
Versus
Ratan Debnath – Respondent
JUDGMENT
Arindam Lodh, J. - Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. K. Nath, learned counsel appearing for the appellant. Also heard Mr. D. Debnath, learned counsel appearing for the respondent.
2. Appeal is admitted to be heard on the following substantial questions of law:
(i) Whether the learned Appellate Court misunderstood and misapplied Section 52 of the Transfer of Property Act, 1882?
(ii) Whether the decree suffers from the principle of lis pendence ?
3. Call for the records.
4. Issue usual notice.
5. Since Mr. D. Debnath, learned counsel appears and accepts notice on behalf of the respondent, issuance of formal notice is waived.
6. List the matter for hearing in its usual course.
The court addressed substantial questions regarding the interpretation of Section 52 of the Transfer of Property Act and the doctrine of lis pendens in the context of a regular second appeal.
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
During pendency in any court having authority within limits of India of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in ques....
The central legal point established in the judgment is the application of the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882, and its explanation, which clarified that....
Section 52 of the Transfer of Property Act, 1882 that reads as During the pendency in any court having authority within the limits of India excluding the State of Jammu and Kashmir or established bey....
(1) Lis Pendens – Section 52 of T.P. Act has no application where transfer in favour of subsequent purchaser is not after filing of suit but before filing of suit for specific performance.(2) Resista....
The doctrine of lis pendens requires precise identification of the property in question; misdescription of property at the time of filing a suit precludes its application.
The Court emphasized the importance of summary determination of questions under Rule 101 of Order XXI of the C.P.C. and the applicability of Section 52 of the Transfer of Property Act. It also clarif....
(1) Appeal – Locus Standi – A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies court that he falls within category of aggrieved persons.(2) Impleadment of transfe....
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