The question (10 marks)
Explain the doctrine of lis pendens as embodied in section 52 of the Transfer of Property Act 1882. On what principle does it rest, and from what date does a suit become pending for this purpose? (10 marks)
MU Module I, lis pendens; pack ch. 01 and case briefs 09 and 10.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · General Principles of Transfer of Transfer of Property.
Authorities you will need
- Govinda Pillai Gopala Pillai v Aiyyappan Krishnan, Kerala High Court
- Supreme General Films Exchange Ltd. v Maharaja Sir Brijnath Singhji Deo
- Bellamy v Sabine, Lord Cranworth LC, cited in Govinda Pillai
- Ma Than v Maung Bagyan, Rangoon High Court, held no longer good law
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.