Transfer of Property Act, 1882—Section 52

Transfer of Property Act, 1882—Section 52—Doctrine of Lis Pendens—Alienation of joint property by a co-owner during pendency of partition suit—Held, where a co-owner alienates a property or a portion of a property representing to be the absolute owner, equities can no doubt be adjusted while making the division during the final decree proceedings, if feasible and practical (that is without causing loss or hardship or inconvenience to other parties) by allotting the property or portion of the property transferred pendente lite, to the share of the transferor, so that the bonafide transferee’s right and title are saved fully or partially—Suit for Partition.