minakshi bindhani
15 September 2021
As per your illustrated query
The law incorporated in section 52 is based on the doctrine of lis pendens. This means during the pendency of litigation, nothing new should be introduced. Under this doctrine, the principle is that during the pendency of any suit regarding the title of the property, any law interest in respect of that property should not be created.
However, as per your query during the pendency of the suit, the property transferred in any means of sale, exchange, lease and mortgage, the provision of lis pendens shall apply on it and the transfer would be subject to a decision of the court.
Hope it clarifies the issues!
Regards
Minakshi Bindhani