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Transfer pendente lite remains valid subject, of course, to

 

Transfer pendente lite remains valid subject, of course, to the result of the suit.

 

 It is settled legal position that the effect of Section 52 is not to render transfers affected during the pendency of a suit by a party to the suit void; but only to render such transfers subservient to the rights of the parties to such suit, as may be, eventually, determined in the suit. In other words, the transfer remains valid subject, of course, to the result of the suit. The pendente lite purchaser would be entitled to or suffer the same legal rights and obligations of his vendor as may be eventually determined by the Court. 
“The mere pendency of a suit does not prevent one of the parties from dealing with the property constituting the subject-matter of the suit. The section only postulates a condition that the alienationwill in no manner affect the rights of the other party under any decree which may be passed in the suit unless the property was alienated with the permission of the court.”  
[Sanjay Verma v. Manik Roy, AIR 2007 SC 1332, para 12] 

C.A. No. 4838 of 2012 - A. Nawab John Vs. V.N. Subramaniyam, 2012 (3) KLT SN 57 : (2012) 7 SCC 738 : JT 2012 (6) SC 450 : 2012 (6) SCALE 143

https://www.lawweb.in/2012/12/transfer-pendente-lite-remains-valid.html



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