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A grants a lease to B. of certain land. B files a suit for ejectment against C who is in wrongful possession of the land. During the pendency of suit, A sells the land to E. The doctrine of lis pendence does not apply to this sale. by A to E.
A mortgaged his property to B. Later B sued A on the mortgage and obtained a decree for sale Whilst the suit was pending, a third party C obtained a money decree against A, and the property was sold to C in execution of this money decree. In these circumstances, C's purchase was subject to the doctrine of lispendens.
Both (a) and (b).
Only (a)
52. Transfer of property pending suit relating thereto
During the pendency in any court having authority within the limits of India excluding the State of Jammu and Kashmir Government or established beyond such limits by the Central Government of any suit or proceedings 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.
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