Home Maxims & Terms Transfer of property during pendency of suit meaning in Urdu
Legal Term Pakistani Jurisprudence Reference

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)

2018 YLR 1543 PESHAWAR-HIGH-COURT Judicial Precedent
S. 12 (2)Transfer of Property Act (IV of 1882), S. 52Application under S.12(2), C.P.C.MaintainabilityTransfer of property during pendency of suitLis pendens, principle ofApplicabilityDecree, setting aside ofScopeContention of applicant was that he was bona fide purchaser of suit propertyValidity

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.

2015 CLC 223 PESHAWAR-HIGH-COURT Judicial Precedent
S. 52Transfer of property during pendency of suitScopeLis pendens, principle ofApplicability

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.

Sponsored Content / تشہیری مواد
How to cite this page: "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"

CLC 1981
Regular Second Appeal No. 547 of 1979, decided on 5th April, 1980.

1981 C L C 1712

MUNIR HUSSAIN‑Appellant Versus MUHAMMAD SHAFT AND ANOTHER‑Respondents

Court: Lahore
CLC 1991
Suit No.350 of 1990, decided on 6th December, 1(,90.

1991 C L C 734

Haji ABDUL GRAFFAR ‑‑‑ Plaintiff Versus Haji RAUF ‑‑‑ Defendant

Court: Karachi
YLRN 2016
II. Appeal No.68, C.M.A. No.4082 of 2009, C.M.As. Nos.5788, 2200 and 2201 of 2015, decided on 18th September, 2015.

2016 Y L R Note 1

PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY, KARACHI through Secretary — Appellant Versus Mst. ISMAT JAHAN and another — Respondents

Court: Sindh
YLR 2018
C.M. No.66-D of 2017 with C.M. No.67-D of 2017, decided on 26th July, 2017.

2018 Y L R 1543

MUHAMMAD — Petitioner Versus Sheikh TAJ MUHAMMAD and others — Respondents

Court: Peshawar (D.I. Khan Bench)
MLD 2000
Civil Revision No. 1732 of 1995, decided on 26th January, 2000.

2000 M L D 1581

MUHAMMAD ASLAM and another‑‑‑Petitioners Versus SENIOR CIVIL JUDGE, GUJRAT (MIAN NISAR HUSSAIN) and 2 others‑‑‑Respondents

Court: Lahore
CLC 1983
Regular Second Appeal No. 97 of 1971, decided on 18th May, 1981.

1983 C L C 615

HASSAN KHAN‑Appellant‑Plaintiff Versus Mst. RAPE JANA‑Respondent‑Defendant

Court: Peshawar
PLD 1988
Civil Revision No. 360 of 1986, decided on 23rd November, 1987.

P L D 1988 Karachi 58

Mst. ZOHRA BAI and another‑‑ Applicants Versus A.A. ZUBERI and 3 others ‑‑ Respondents

Court:
CLC 1993
Civil Revision No. 1463 of 1991, heard on 3rd April, 1993.

1993 C L C 2337

MUHAMMAD YOUSAF and others‑‑‑Petitioners Versus ALLAH YAR and others‑‑‑Respondents

Court: Lahore
CLC 2015
2013-July-8

2015 C L C 223

MUHAMMAD HASHIM — Petitioner Versus SONA KHAN and 5 others — Respondents

Court: Peshawar
CLCN 2018
N/A

2018 C L C Note 16

MUHAMMAD ASHRAF — Petitioner Versus AKHTAR ALI and another — Respondents

Court: Lahore (Multan Bench)