Transfer of Property Act, 1882, Section 52

Transfer of Property Act, 1882—Section 52—Doctrine of Lis Pendens—Applicability of—Sale, in the present case, has taken place in favour of the applicant at a time when there was no stay operating against such sale, and in fact when the second appeal had not been filed—Held, doctrine of lis pendens will apply since the sale was executed at a time when the second appeal had not been filed but which came to be filed afterwards within the period of limitation—The doctrine of lis-pendens is founded in public policy and equity, and if it has to be read meaningfully such a sale as in the present case until the period of limitation for second appeal is over will have to be held as covered under section 52 of the T.P. Act—Dicta in Krishanaji Pandharinath Vs. Anusayabai AIR (1959) Bom 475 followed.