Pendente lite transfer cannot secure allotment of a specific partition item, even after post-purchase construction.

A transferee pendente lite acquires no enforceable equity to demand allotment of a specific item in partition final decree proceedings. Section 52 of the Transfer of Property Act renders a transfer during pending litigation subject to the decree ultimately passed, so the purchaser cannot improve his position by later constructing on the property after purchase. The court also declined to compel the original parties to accept another item in exchange where that would expose them to additional litigation risk, including disputes with tenants. The final decree therefore remained undisturbed, and the disputed item was not allotted to the purchaser on equitable grounds.

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Issues: Whether a purchaser pendente lite, who bought the disputed property during the pendency of partition proceedings and raised construction thereafter, could equitable allotment of that item in the final decree proceedings.

Analysis: Section 52 of the Transfer of Property Act bars transfer or dealing with immovable property during the pendency of litigation so as to affect the rights of other parties under the decree or order that may be passed. A transferee pendente lite takes the property subject to the result of the litigation and cannot claim an enforceable equity as of right for allotment of a particular item. The subsequent construction put up on the vacant site after purchase did not improve the appellant's legal position, since the transfer itself was subject to the pending proceedings. The Court also noted that the respondents could not be compelled to take another item in exchange where that would expose them to further litigation, including eviction of tenants.

Conclusion: The appellant was not entitled to insist on allotment of Item No. 6 on equitable grounds, and the final decree allotting that item to the respondents was upheld.

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