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What is the underlying basis of the doctrine of lis pendens in section 52 of the central Transfer of…

Section 52 of the Transfer of Property Act, 1882 protects the effect of adjudication where rights to immovable property are directly and specifically in issue in pending,…

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What is the underlying basis of the doctrine of lis pendens in section 52 of the central Transfer of Property Act, 1882?

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Answer and explanation

Correct answer B

Section 52 of the Transfer of Property Act, 1882 protects the effect of adjudication where rights to immovable property are directly and specifically in issue in pending, non-collusive litigation. The doctrine rests on public policy. Dealings during the case generally remain subject to the rights that the court determines, unless the court authorizes the dealing on its terms. Jayaram Mudaliar v. Ayyaswami, (1972) 2 SCC 200, explains this rationale.

Option feedback

Option A

Incorrect. The doctrine rests on preserving the court's ability to decide the dispute effectively. Under the central text, a purchaser's lack of notice does not defeat the doctrine.

Option B

Correct. Public policy supports preserving the effect of the court's eventual decision despite dealings with the disputed property during litigation.

Option C

Incorrect. The principle underlying section 52 can apply to an involuntary sale in appropriate circumstances. An auction sale is a method of sale and does not explain the doctrine's basis.

Option D

Incorrect. Estoppel by deed is a distinct doctrine. Lis pendens protects the court's adjudication of the pending dispute.

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