Trace Your Case

ISSUE:

Whether lis pendens would apply to the sale in question?
Whether public auctions are an exemption to Section 52 of the Transfer of Property Act?

RULE:

Section 52 applies not only to actual transfers or rights but to other dealings by any party to the suit or proceeding so as to affect the right of another party.
Where it is an outside agency which proceeds against the subject matter of the litigation without provocation by the litigating party, the transaction will be unaffected by Section 52 of the Transfer of Properties Act.

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