Consider the following grounds in relation to section 52 of the Transfer of Property Act, 1882: I. Preserving the effectiveness and finality of adjudication II. Equity and public policy Which of the…
Question and options
Consider the following grounds in relation to section 52 of the Transfer of Property Act, 1882:
I. Preserving the effectiveness and finality of adjudication
II. Equity and public policy
Which of the above is or are recognised in Supreme Court jurisprudence as forming the basis of the doctrine of lis pendens?
I only
II only
Both I and II
Neither I nor II
Answer and explanation
Lis pendens under section 52 of the Transfer of Property Act, 1882 protects the effectiveness and finality of adjudication of disputed immovable-property rights, and the Supreme Court also describes section 52 as founded on equity and public policy. Both I and II therefore form its recognised basis.
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