It is a site to share short notes on law for judicial exam in india. you can comment on any post, ask for judgment on any topic and free to ask any question related to judicial exam.
Apr 7, 2009
Bishan Singh and others v. Khazan Singh and another, AIR 1958 SC 838,
The apex Court, while dealing with a pre-emption suit under Section 52 of the Transfer of Property Act (Head Note-B), held thus: "It is settled law in Punjab that the rule of lis pendens is as much applicable to a suit to enforce the right of pre-emption as to any other suit. But, the rule applies only to a transfer pendente lite and it cannot affect pre-existing rights. If the sale is a transfer in recognition of a pre- existing subsisting right, it would not be affected by the doctrine as the said transfer does not create new right pendente lite; but if the pre-existing right became unenforceable by reason of the fact of limitation or otherwise, the transfer though ostensibly made in recognition of such a right in fact created only a new right pendente lite."
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