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Doctrine of Lis Pen des.pptx
- 1. Doctrine of Lis Pen des BY SHAMBHAVI GOSWAMI THIRD YEAR, BBA/LLB
- 2. Origin Lis pendens, translated from Latin is “a suit pending”, the term ‘Lis’ meaning ‘Litigation’ and ‘Pendens’ meaning ‘pending’. It comes from the Latin maxim “ut lite pendente nihil innovetur” which means nothing new to be introduced in a pending suit. The rule behind the maxim is to conclude settlements in a clearer way if any alienation is allowed during the proceedings of the suit.
- 3. Bellamy v. Sabine, 1857 Lord Turner explained the significance of this law as a doctrine common to both, Courts of law and equity. He explained, it laid upon the foundation that it would be impossible for any Court to bring a suit to a successful termination if alienation, during the pendency of a suit, prevails. In the same case, Cranworth L.C., observed that neither of the party to the suit can alienate property in question, affecting the opponent’s rights. Also implies that the doctrine is common to the Courts of both law and equity.
- 4. Section 52, Transfer of Property Act, 1882 Suit must be pending before the court of law. Involvement of immovable property Suit must not be collusive in nature. Include issues of rights to an immovable property. Must be affecting the rights of the other party involved.
- 5. Illustration A and B decide that : A will file a suit against B during the pendency of the case in the court concerning immovable property. A then sells the property to C B files an application in the court of law mentioning that the property has been sold during the pendency of the case.
- 6. Illustration A and B have a suit related to property in the court. B transfers the property to C However, during the dismissal of the case. Eventually it won’t affect the case in any way.
- 7. Illustration A and B have a suit related to property in the court. The court determines a decree in the case. B transfers the property to C Here, A’s rights over the property won’t be affected.
- 8. Exception The doctrine states, the Court also has the power to permit any party involved in the suit to transfer the property in question. In Vinod Seth v. Devinder Bajaj, the Court observed that the underlying principle of Section 52 of Transfer of Property Act, is based on equity and justice. This means that the Court has the power to transfer the property subjected to the suit by imposing terms that deems fit.