Non-applicability of S.52 of TPA in a state does not bar principles of lis pendens: SC

The Supreme Court (SC), while dealing with the issue of whether the principles of lis pendens applies in relation to transfer of immovable property situated in a state where the provisions of Transfer of Property Act, 1882 (TPA) are not applicable, has held that “since the explanation to Section 52 is based on equity and good conscience this principle (lis pendens) can be applicable”. The SC further noted that by virtue of Section 1 of TPA, provisions of the TPA are not applicable in the States of Punjab, Delhi or Bombay.