Law: Transfer of Property Act, 1882

Section: 52

Transfer of Property Act (IV of 1882)--- ----S. 52---Transfer of property pending suit relating thereto---Maxim: Pendente lite innovetur (pending litigation nothing new should be introduced) stipulated that pendente lite parties to litigation no party could alienate or otherwise deal with an immovable property to the detriment of his opponent---Maxim: Pendente lite innovetur had been recognized both in law and equity---No action or suit would succeed if alienations made during pendency of proceedings in the suit or action were allowed to prevail---Even plea of bona fide purchaser was of no legal consequence if the transferor's title had lost its root in a pending litigation---Defendant had not challenged the impugned and decree passed against him, in the present case, claimed ownership through defendant who had lost his case and impugned s and decrees passed against defendant had attained finality could not agitate same plea in his independent right but his rights if any were derived from the defendant had to sail or sink with such transferor---Revision was dismissed, in circumstances. Muhammad Ashraf Butt and others v. Muhammad Asif Bhatti and others PLD 2011 SC 905; 1989 SCMR 1781; 1984 CLC 1458 and 1988 CLC 1652 rel. ORDER SALAHUDDIN PANHWAR, JUSTICE:---.--- Heard learned counsel for respective parties at length. 2. Learned counsel has mainly emphasis that Petitioner purchased Plot No. 35 from one Muhammad Iqbal and residing in that premises whereas case of the Respondent No. 1 pertains to Plot No. 156, having no nexus. 3. In contra, learned counsel for Respondent No. 1 inter alia contends that property is same, however,. Muhammad Iqbal and present Applicant have tried to confuse the trial Court thereby attempted to defeat the proceedings. He further contends that in Civil Appeal No. 136 of 2009, learned V-Additional District and Sessions Judge, Karachi South has categorically replied with regard to number of plots as agitated by Muhammad lqbal. 4. The core issue relates to principle of ut lite pendente nihil innovetur (pending litigation nothing new should be introduced) which stipulates that pendente lite parties to litigation no party can alienate or…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492