Law: Constitution of Pakistan 1973

Section: 199

Law: Transfer of Property Act (IV of 1882)

Section: 52

(a) Constitution of Pakistan (1973) Art. 199WritPlot allotted to respondent's predecessorin interest later ek4hanged with another plot and possession delivered to allotteeEntire price alongwith interest paid to Government, ownerExtensions for construction also allowed by Government and respondent Coopperative Housing Society empowered merely to make proposals for allotment and such proposals subject to confir mation by District Housing Committee constituted by Government Price also payable to Government directly and not to respondent Cooperative Housing Society and formal sale deed also to be execut ed by GovernmentRespondent Cooperative Housing Society, held, could not in circumstances cancel plot in question from name of allottee's successors or allot same to petitioner. (b) Transfer of Property Act (IV of 1882) S. 52Doctrine of lis pendensExplained. 'Lis pendens' literally means a pending suit or cause and the doctrine of 'lis pendens' has been defined as jurisdiction power or control which a Court acquires over property involved in a suit, pending the continuance of the action, and until final judgment therein. It denotes those principles of rules and laws which define and limit the operation of the Common Law Maxim to the effect that nothing relating to the subject matter of a suit can be changed while it is pending. One, who with actual or constructive notice of the pending action acquires from a party thereto an interest in the property, involved in litigation in a Court and of the person of the one from whom the interest is acquired, takes subject to the rights of the parties to the litigation as finally determined by the judgment or order or decree. It has been observed that the effect of `lis pendens' is in its nature; the same as that of registration since it is only a different example of the operation of the rule of constructive notice. It charges sub sequent purchaser or other person acquiring an interest in the subject of litigation during the pendency thereof with notice of the pendency of the action. It merely serves as warning to others that rights which they may acquire would be subject to any judgment entered. Its…