Law: Transfer of Property Act, 1882

Section: 52

(a) Transfer of Property Act (IV of 1882)--S.52---Lis pendens, doctrine of---Object, purpose and scope--- Main purpose of doctrine of lispendens is to obviate chances of any intermeddling with a property under litigation and if any one so intermeddles, he does it at his own risk---Principle/doctrine is to provide protection to interest of parties under litigation---Rights made during the course of litigation are subject to final outcome of such litigation under doctrine of lis pendens. (b) Specific Relief Act (I of 1877)---Ss.42 54---Transfer of Property Act (IV of 1882), Ss. 41 54---Civil Procedure Code (V of 1908), S. 12(2)---Judgment and decree maintaining of---Ostensible owner, transfer from---Doctrine of lis pendens---Scope---Applicant purchased suit property from a debtor and sought setting aside of on the plea of bona fide purchaser---Validity---Person acquiring property from a debtor could not claim his right protected under S.41 of Transfer of Property Act, 1882, as a bona fide purchaser---Rights acquired during the course of litigation had to give way to final outcome of the suit---Rights of applicant were subject to final outcome of adjudication which was finalized with passed by High Court in exercise of revisional jurisdiction---Applicant could not challenge that of High Court in his application under S.12(2), C.P.C.---High Court declined to set aside and decree as challenge to the orders of Court could not be raised by a person purchasing property during the course of earlier litigation---Application was dismissed, in circumstances. Muhammad Ashraf Butt and others v. Muhammad Asif Bhatti and others PLD 2011 SC 905; Messrs Aman Enterprises, Sialkot v. Messrs Rahim Industries Pakistan Ltd. Sialkot and another PLD 1993 SC 292; Muhammad Nawaz Khan and Muhammad Khan and 2 others 2002 SCMR 2003 and Risaldar Ghazi Khan and another v. Abdur Rehman and another 1984 CLC 1615 rel. JUDGMENT: WIQAR AHMAD, JUSTICE:---.--- This order is directed to dispose of the instant application filed by the petitioners under section 12(2), C.P.C. for setting aside judgment of this Court dated 01.12.2015 passed in C.R. No. 501-P of 2007. 2. Facts of the case leading to…

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