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Transfer of Property Act, 1882-- ----S. 52--Civil Procedure Code (V of 1908), S. 115--Lis Pendens--Applicability of--Lis pending and decided by the Revenue Officer and the Collector--Property transferred--Partition application was pending before the Revenue Officer and secondly to the petitioner, after the appeal was filed and the same was pending adjudication--Review application filed by the petitioner against the order passed in appeal--Sanction sought by DO(R) refused by the EDO(R)--Validity--Transactions are to have no effect on the result of the lis--Rule of lis pendens being a rule of equity is certainly applicable to the lis that was pending and decided by the Revenue Officer and the Collector--EDO(R) has, therefore, acted within his domain while refusing the sanction to review--Revision dismissed. [P. 875] A Judgment On 15.5.2002 the petitioner file a suit against the respondents. In the plaint, it was stated that the land, measuring 52, kanals 5 marlas, described in the plaint, was owned by Muhammad Alam Respondent No. 2 and his brother Ali Muhammad, the predecessor-in-interest of Respondents Nos. 3 to 6. Both the brothers had effected a private partition and were enjoying separate possession. Respondent No. 2 filed a partition application which was heard and allowed by the Revenue Officer on 13.10.1996. The Wandas were approved. Against this order, the Respondent No. 2 filed an appeal. The grievance was that a passage be provided to approach his separate share. This appeal was allowed on 3.4.2001 and a passage of Two Karms in Khasra Nos. 15 and 16 (Eastern) was given and an equal area was given from the Wanda of the Respondent No. 2 in Khasra No. 6 to the opposite party. It was explained that the appeal was filed on 31.10.1996 whereas Ali Muhammad had gifted away his land to his sons i.e. Respondents No. 3 to 6 on 23.8.1996. However, they were not impleaded as parties. Besides Ali Muhammad himself died during the pendency of the appeal and his sons had sold the land to the petitioner on 23.1.2001 and 15.3.2001 but he was not impleaded while the appeal was allowed on 3.4.2001. He filed a review application whereupon sanction was sought by the D.O. (R)…

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