Case Details

Citation(s)
1981 SLG 3164 = 1981 SLD 3164 = 1981 CLC 1712
Lahore High Court
Regular Second Appeal No. 547 of 1979, decided on 5th April, 1980.
Presented By: Muhammad Ilyas, J
Rafiq Jared Butt for Appellant. Svpd Fagir Hussain for
Respondent No. 1. Nemo for
Respondent No. 2.

MUNIR HUSSAIN-Appellant

VERSUS

MUHAMMAD SHAFT AND ANOTHER-Respondents

Law: Transfer of Property Act (IV of 1882)

Section: 52

(a) Transfer of Property Act (IV of 1882)  S. 52-Lis pendens, doctrine of-Doctrine of lis pendens not only applicable to case involving transfer of property during pendency of suit but also attracted to case where property other wise dealt with so as to adversely affect rights of any party to suit-Vendee by confessing judgment in declaratory suit brought by some appellants, agreeing to part with land it% dispute purchased by him earlier-Vendee in such way defeating pre-emptive rights sought to be enforced by first respondent by means of suit brought by him-Respondent No. 2, held, dealt with disputed property as contemplated by S. 52, Act IV of 1882, in such a manner as to adversely affect rights of first respondent qua pre-emption suit and declaratory decree passed as a result…
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