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A competent court dismisses a non-collusive suit over title to land. Before the losing party files a timely appeal, the other party transfers the disputed land without the court’s leave. Which…

Question and options

A competent court dismisses a non-collusive suit over title to land. Before the losing party files a timely appeal, the other party transfers the disputed land without the court’s leave. Which statement about section 52 of the Transfer of Property Act, 1882 is correct?

  1. Dismissal by the trial court defeats the application of section 52.

  2. The appeal can bring the intervening transfer within section 52.

  3. Section 52 applies to transfers of movable goods alone.

  4. Section 52 applies even when the court lacks jurisdiction.

Answer and explanation

Correct answer: B - The appeal can bring the intervening transfer within section 52.

Under section 52 of the Transfer of Property Act, 1882, a non-collusive suit in a competent court in which a right to immovable property is directly and specifically in issue is treated as pending until it is finally disposed of, and an appeal continues it. In Jagan Singh v. Dhanwanti (2012) the Supreme Court accepted that a purchaser who buys after a suit is dismissed is bound by the doctrine if an appeal is afterwards filed in time. So the trial court's dismissal does not end the protection. The section deals with immovable property, not movable goods, and does not apply to a proceeding in a court that lacks jurisdiction.

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