Rule of lis pendens – Applicable to Suit on Mortgagee

Rule of lis pendens applies to suit on mortgagee as well. Lord Justice Turner has succinctly dealt with this principle in the leading case of Bellamy v. Sabine (1857) 1 De G J 566. The doctrine is intended to prevent one party to a suit making an assignment inconsistent with the rights which may be decided in the suit and which might require a further party to be impleaded in order to make effectual the court’s decree. Law is well settled that a mortgagee, who has purchased a mortgaged property in execution of his mortgage decree is entitled to avoid a transfer on the ground that it was mortgaged by the mortgagor during the pendency of a mortgage suit. Section 52 of the TPA prevents a mortgagor from creating any lease during the pendency of mortgaged suit so as to effect the right of a mortgagee or the purchaser. Sunita Jugakishore Gilda v. Ramanlal Udhoji Tanna, 2013 (6) AWC 5652 (SC).

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Filed under Civil Law, Property Law, Rule of Lis Pendens

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