Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1882-Section 52-Transfer of property Transfer of Property Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of Property Act, 1882-Section 52-Transfer of property pending suit relating thereto-Transferee purchasing undivided share of co-sharers in the suit property-Right to be brought on record, in suit for c partition by other sharer-Held: Right of other sharer in the suit will not affect his right in suit property by enforcing partition-Thus, transferee having purchased property from co-sharers are entitled to be impleaded to work out equity in their favour in final decree proceedings.First respondent filed suit for partition of his share in the property. Appellants purchased properties from second, third, fourth and sixth respondents by sale deeds. Appellants filed application for impleadment in the suit on the ground that they are bona fide purchasers for value and entitled for alienors share in equity, thus are necessary parties for effective adjudication of dispute. Trial Court dismissed the application holding that the sale in favour of appellants were covered by doctrine of lis pendens and they can only have whatever rights their transferors had. Appellants filed revision petition which was dismissed. Hence the present appeal |
Judge | Hon'ble Dr. Justice A.R. Lakshmanan |
Neutral Citation | 2007 INSC 50 |
Petitioner | Dhanlakshmi And Ors. |
Respondent | P. Mohan And Ors. |
SCR | [2007] 1 S.C.R. 1076 |
Judgement Date | 2007-01-17 |
Case Number | 262 |
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