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?
Dismissal by the trial court defeats the application of section 52.
The appeal can bring the intervening transfer within section 52.
Section 52 applies to transfers of movable goods alone.
Section 52 applies even when the court lacks jurisdiction.
Answer and explanation
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.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Himachal Pradesh Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision
Related question papers
Related exam syllabi
More solved explanations in Transfers of immovable property - general rules
- A gives land to B before C files a suit against A for possession of the land. While the suit is pending, B transfers the land to D. B is not a party when the…
- For part performance of the contract which is not an essential ingredient?
- The doctrine "nemo dat quod non habet" under the Transfer of Property Act is applied to
- The provision of fraudulent transfer is given in
- Which doctrine did the English Court of Appeal in Chancery explain in Bellamy v Sabine (1857)?