Jayaram Mudaliar v Ayyaswami
Rule established
S.52 (lis pendens) applies only to the specific property that is the subject-matter of litigation; other properties of the litigant are not affected
Facts
- Party to a suit transferred property that was NOT the subject-matter of the pending litigation
- Other party sought to invoke S.52 to challenge the transfer
Issue
- Whether S.52 applies to all transfers by a litigating party, or only to transfers of the specific property in dispute.
Held
- S.52 is limited to the specific property that is the subject of litigation. A party can freely deal with properties not involved in the dispute.
Ratio Decidendi
The doctrine protects the judicial process regarding the DISPUTED property. It does not create a general freeze on a litigant's capacity to deal with all their assets. Only transfers "affecting the rights of any other party to the suit" are caught.
How to use it in an exam
Cite to establish the scope limitation of S.52. Key line: "Lis pendens applies only to property that is the subject of the suit, not to all assets of the litigant."
Source
Source: AIR 1972 Supreme Court 1199
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.