Question

Name the doctrine historically established in Bellamy v Sabine which laid down the foundation of Section 52 of Transfer of Property Act .

• A. Doctrine of Cy pres
• B. Doctrine of Election
• C. Doctrine of Lis pendens
• D. Doctrine of Part performance

Hint:

*Lis Pendens* ensures that the final judgment of a court will bind not only the original parties to the suit, but also anyone who purchases the property while the suit is pending.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks for the name of the legal doctrine historically established in the classic English case of Bellamy v. Sabine (1857), which forms the basis of Section 52 of the Transfer of Property Act, 1882.

Step 2: Key Legal Principles and Approach:
Section 52 of the Transfer of Property Act, 1882, regulates the transfer of property while litigation regarding that property is actively pending in court.
We must identify which of the listed doctrines deals with pending litigation and was formulated in the cited case.

Step 3: Detailed Explanation:

• The Case and Doctrine: The doctrine of Lis Pendens (which literally translates to "a pending suit") was historically established and explained by Lord Cranworth in the English case of Bellamy v. Sabine (1857).

• The Legal Principle: The doctrine is based on the maxim ut lite pendente nihil innovetur (during litigation, nothing new should be introduced).

• It dictates that while a suit is pending regarding the title or right to an immovable property, neither party can transfer or alienate the property so as to affect the rights of the other party under any decree that the court may pass.

• Purpose of the Doctrine: The doctrine does not prevent the transfer outright, but it makes any such transfer subordinate to the final decision of the court.

• This prevents endless litigation where a party could keep transferring the property to new buyers to frustrate the court's decree.

• Codification in India: This common law principle was codified in India under Section 52 of the Transfer of Property Act, 1882.

• Analyzing other options:

• Cy pres is a trust law doctrine.

• Election is under Section 35.

• Part performance is under Section 53A.

• Therefore, the doctrine established in Bellamy v. Sabine is the Doctrine of Lis Pendens, making Option (C) the correct choice.

Step 4: Final Answer:
The historical decision of *Bellamy v. Sabine* laid the foundation for the Doctrine of Lis Pendens, which is codified in Section 52 of the Act, making Option (C) the correct answer.