Lis Pendens - Transfer Of Property Not Void Just Because It Is Made During Pendency Of Suit; But Subject To Outcome Of Case : Supreme Court

The Supreme Court has delivered a judgment expounding the doctrine of "lis pendens" under Section 52 of the Transfer of Property Act.The Court explained that a transfer is not void just because the transfer is made during the pendency of litigation and the effect of Section 52 is that the transfer will be subject to the outcome of the suit. The Supreme Court has delivered a judgment expounding the doctrine of "lis pendens" under Section 52 of the Transfer of Property Act. As far as the transfer is made by defendant 1 to the second defendant in his own right and in so far as defendant 1 was not a party and by the time the sale was effected the period of limitation for impleading defendant 1 had already clearly expired even the principle laid down in the decision of the Madras High Court would not apply and the High Court was not correct 125 in finding that the sale by defendant 1 in favour of second defendant was hit by lis pendens." The Court further explained : "The sine qua non for the Doctrine of Lis Pendens to apply is that the transfer is made or the property is otherwise disposed of by a person, who is a party to the litigation.