JAMIA MASJID HANFIA ATTOCK vs Mst — 2026 CLC 109 LAHORE-HIGH-COURT-LAHORE

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JAMIA MASJID HANFIA ATTOCK VS Mst. SURRAYA BIBI S.52---alienation of suit property during pendency of litigation---Lis pendens---Principle---applicability, object and scope---Subsequent purchaser/vendee's consequentposition and interest in the suit property---Legal effect and validity---Subsequent vendee wound be bound by the outcome of pending proceedings and would steps into the shoes of the transferor without acquiring any independent right against the original parties---Section 52 of the Transfer of Property act, 1882 (the act 1882) ordains that during the pendency in any court having authority in Pakistan or established beyond the limits of Pakistan by the Central Government of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose---From the bare perusal of S.52 of the act, 1882 it clearly manifests that the very purpose and object of this provision is to protect the parties to the litigation against alienation of the property by their opposing party during the pendency of the litigation, so as to avoid deprivation of any right or interest of such party which he ultimately may be held entitled to by the court on the one hand and on the other to stop the adversary from alienating the property to a person alien to proceedings as it would result into an endless litigation---Prime principle embodied in S.52 of the act, 1882 is that if somebody purchases the property during the pendency of the litigation, he is bound to follow the decision of the court as his purchaser and he has to swim and sink together with his transferor and would be precluded to claim any independent right or protection in the garb of such transfer of property---Section 52 of the act, 1882 thus safeguards the rights and interests of the parties to litigation and discourages the alienation of the property subject matter of litigation to be alienated during the pendency.

JAMIA MASJID HANFIA ATTOCK vs Mst — 2026 CLC 109 LAHORE-HIGH-COURT-LAHORE

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