Transfer of property during pendency of suit
Transfer of property during pendency of suit legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Title of suit property being questioned in civil court, no person was allowed to deal with the same except with prior permission of the court
Any transaction during pendency of suit was at the risk and cost of the purchaser and seller
Transaction which took place during pendency of suit would be having no protection being hit by the doctrine of lis pendens
Original owner from whom petitioner purchased the suit property was also party to the proceedings and he agitated the same plea of being bona fide purchaser but that had been discarded
No plea of bona fide purchaser could be entertained in circumstances
Recording of evidence in the application was not necessary in presence of decrees of Court
Application under S. 12(2), C.P.C. was not maintainable which was dismissed in limine.
Section 52 of the Transfer of Property Act, 1882 would be applicable if the sale/resale took place during the pendency of the suit
Sale/further sale took place prior to the institution of the suit would not come within the principle of lis pendence.
"Transfer of property during pendency of suit", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124953020
Precedents & Case Laws citing "Transfer of property during pendency of suit"
1981 C L C 1712
MUNIR HUSSAIN‑Appellant Versus MUHAMMAD SHAFT AND ANOTHER‑Respondents
Court: Lahore1991 C L C 734
Haji ABDUL GRAFFAR ‑‑‑ Plaintiff Versus Haji RAUF ‑‑‑ Defendant
Court: Karachi2016 Y L R Note 1
PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY, KARACHI through Secretary — Appellant Versus Mst. ISMAT JAHAN and another — Respondents
Court: Sindh2018 Y L R 1543
MUHAMMAD — Petitioner Versus Sheikh TAJ MUHAMMAD and others — Respondents
Court: Peshawar (D.I. Khan Bench)2000 M L D 1581
MUHAMMAD ASLAM and another‑‑‑Petitioners Versus SENIOR CIVIL JUDGE, GUJRAT (MIAN NISAR HUSSAIN) and 2 others‑‑‑Respondents
Court: Lahore1983 C L C 615
HASSAN KHAN‑Appellant‑Plaintiff Versus Mst. RAPE JANA‑Respondent‑Defendant
Court: PeshawarP L D 1988 Karachi 58
Mst. ZOHRA BAI and another‑‑ Applicants Versus A.A. ZUBERI and 3 others ‑‑ Respondents
Court:1993 C L C 2337
MUHAMMAD YOUSAF and others‑‑‑Petitioners Versus ALLAH YAR and others‑‑‑Respondents
Court: Lahore2015 C L C 223
MUHAMMAD HASHIM — Petitioner Versus SONA KHAN and 5 others — Respondents
Court: Peshawar2018 C L C Note 16
MUHAMMAD ASHRAF — Petitioner Versus AKHTAR ALI and another — Respondents
Court: Lahore (Multan Bench)