LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

question regarding doctrine of Lis pendens

(Querist) 21 October 2017 This query is : Resolved 
Hello experts,
I want to ask a question regarding a property I purchased recently 6 months ago.
The details of the case are as below
A (petitioner) filed a perpetual injunction suit in year 2000 against B (defendant) and the case was dismissed with costs in year 2010. A then filed a appeal against the decision of the judge in the same court which is still pending in the court. B has already sold the part of suit land to C in the year 1995 which is 5 years before the start of the suit in year 2000. C has then sold the same land to D ( which is me) in 2017 as I got it registered under sale deed in.my name and I am also in possession of the property.

So my question is as below
1) If A (petioner) the appeal is allowed in the court. Is the decision binding on me? do I also have to surrender my property to the petitioner? I am asking because B has already aleniated the property to C 5 years before the start of suit date and I heard doctrine of Lis pendens does not apply if the suit property was alienated before the start of suit.

2) If petitioners appeal is dismissed in court, can he start a fresh suit against me to recover the possession of the land?
I heard from some one that he cannot file a fresh suit making me the party because it will attract principle of resjudicata as the matter of the suit land has already been decided by court. Please can you experts clear my two doubts for which I will be ever greatful to you as it will ease my mind of tension.
Thanks in advance.
Ms.Usha Kapoor (Expert) 21 October 2017
1) If A (petioner) the appeal is allowed in the court. Is the decision binding on me? do I also have to surrender my property to the petitioner? I am asking because B has already aleniated the property to C 5 years before the start of suit date and I heard doctrine of Lis pendens does not apply if the suit property was alienated before the start of suit. 2) If petitioners appeal is dismissed in court, can he start a fresh suit against me to recover the possession of the land? I heard from some one that he cannot file a fresh suit making me the party because it will attract principle of resjudicata as the matter of the suit land has already been decided by court. Please can you experts clear my two doubts for which I will be ever grateful to you as it will ease my mind of tension.
Q!)-if petitioner's pending appeal is allowed it is binding on him and the defendant..Since he already alienated the land in question 5 years prior to suit -proceedings to C doctrine of lis pendens doesn't apply.
Q-2) If petitioner's appeal is dismissed he cant file a fresh suit on same facts as it will attract resjudicata.
Ms.Usha Kapoor (Expert) 21 October 2017
1) If A (petioner) the appeal is allowed in the court. Is the decision binding on me? do I also have to surrender my property to the petitioner? I am asking because B has already aleniated the property to C 5 years before the start of suit date and I heard doctrine of Lis pendens does not apply if the suit property was alienated before the start of suit. 2) If petitioners appeal is dismissed in court, can he start a fresh suit against me to recover the possession of the land? I heard from some one that he cannot file a fresh suit making me the party because it will attract principle of resjudicata as the matter of the suit land has already been decided by court. Please can you experts clear my two doubts for which I will be ever grateful to you as it will ease my mind of tension.
Q!)-if petitioner's pending appeal is allowed it is binding on him and the defendant..Since he already alienated the land in question 5 years prior to suit -proceedings to C doctrine of lis pendens doesn't apply.
Q-2) If petitioner's appeal is dismissed he cant file a fresh suit on same facts as it will attract resjudicata.
Dr J C Vashista (Expert) 21 October 2017
What is the actual problem which you have been asking time and again as the same question was posted earlier as well:

1. Nemath Mohammed asked a query in Experts
"question regarding doctrine of Lis pendens"
about 6 hours ago
2. Nemath Mohammed replied to a query in Experts
"can my neighbour get stay order court stay order "
25 days ago
3. Nemath Mohammed replied to a query in Experts
"can my neighbour get stay order court stay order "
25 days ago
4. Nemath Mohammed replied to a query in Experts
"can my neighbour get stay order court stay order "
26 days ago
5. Nemath Mohammed asked a query in Experts
"can my neighbour get stay order court stay order "
26 days ago
What is the opinion and advise of your lawyer if the facts of the case may be believed to be true, which are prima facie academic in nature for that you should have consulted a local tutor.
Nemath Mohammed (Querist) 21 October 2017
Thank you MS Usha Kapoor for your advise and clarification.
Ms.Usha Kapoor (Expert) 21 October 2017
would YOU PLEASE CLICK DOUBLE LIKES FOR ME SINCE YOU'VE APPRECIATED MY ANSWERS?
Rajendra K Goyal (Expert) 21 October 2017
You asked:
1) If A (petioner) the appeal is allowed in the court. Is the decision binding on me? do I also have to surrender my property to the petitioner? I am asking because B has already aleniated the property to C 5 years before the start of suit date and I heard doctrine of Lis pendens does not apply if the suit property was alienated before the start of suit.
Reply:
Broadly you may have to surrender the property to A. However, full order has to be referred before arriving at any conclusion.
Rajendra K Goyal (Expert) 21 October 2017
You asked:
2) If petitioners appeal is dismissed in court, can he start a fresh suit against me to recover the possession of the land?
Reply:
He can proceed with an appeal to higher court.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Post a Suggestion for LCI Team
Post a Legal Query