status quo definition

Definition of STATUS QUO.

 

According to Black book dictionary status quo definition

Status Quo-: the existing state or condition

 

Maintaining Status Quo on property.

If a court orders maintain the status quo on the property it means that two components of the property that comes under the purview of status quo one is the possession and other is the title. When status quo is ordered when a suit is instituted then the person who is holding the possession and title shall retain such possession and title until the suit is disposed of. Basically status quo is ordered to prevent the third party interests in the property that is with respect to leasing, selling, mortgaging, gifting, willing or any acts which is done to transfer the interest in the property under the Transfer of property act.

However if a status quo is ordered then party who is in the possession of the property will be free to enjoy the possession of the property as he feels like, he shall be continue to do his business or use the property as he was using the only restriction is on the transfer of rights, title, interest in the property to a third person. Therefore Status quo does not mean that whatever mesne profits (i.e profits from the property) a person is deriving is to be stopped as status quo is not a stay order there is a wide difference between the Status quo and stay order, a stay order compels the person to start or stop any activity, while status quo is maintaining the status of the property as it is.

However as S. 52 of Transfer of Property if a litigation is pending against the suit property the actions related to sale, purchase or transferring title in the property will automatically governed by the doctrine of Lis Pendence which is envisaged under s. 52 of TPA therefore neither the status quo not 52 TPA acts as a stay order on peaceful enjoyment of the possession of property. The person who is enjoying the property would continue to do so and if he faces any interference with respect to this right he may sue the person who is causing, status quo does not bars any of the rights of the property holder only the right pertaining to transfer the property gets on hold till the pendency of the suit.

Therefore if a court passes an order pertaining to maintenance of Status Quo with respect to a disputed property it means that the status quo is maintained only with respect to title and possession of the disputed property and nothing more should be extended with this respect. Maintaining status quo is different from injunctions and stay order where the court compels the person to do or restrain any act, therefore the injunction and stay orders are right in personam and is directed towards a person only. Whereas the maintenance of status quo is towards the property and only restraint on a person is that he cannot alienate the property or create any third party interests in the property.