Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Civil Procedure, 1908 - O.34 & O.21, r.92 - Vendor liable to pay property tax arrears to Municipality - Sold property to Respondent without intimating Municipality - Name of Respondent not recorded in mutation register - Municipality filed suit for recovery of taxes - Vendor did not intimate factum of sale to Court - Municipality obtained decree - Property put in auction which was purchased by wife of vendor - Suit for declaration and possession filed by vendee-respondent alleging commission of fraud by vendor - Meanwhile wife of vendor sold property to third party who ultimately sold it to Appellants - Suit filed by vendee decreed - Challenge to decree by Appellants on ground that vendee did not implead Municipality inspite of it being a necessary party - Tenability of - Held: Not tenable - Municipality was not a necessary party under Order 21, r.92 - Appellants purchased property pendente lite inspite of notice of sale made by vendor in favour of Respondent - They are also guilty of suppressio veri - Respondent was victim of fraud - Directions issued by Supreme Court in exercise of its equity jurisdiction under Art. 142 of the Constitution - Appellants otherwise entitled to file suit against wife of vendor - Constitution of India, 1950 - Article 142 - Equity.Tamil Nadu District Municipalities Act, 1920 - Ss.85 and 88 - Liability to pay property tax - Held: Is on vendor upto date of sale - Liability of vendee arises only from date of sale - However if no mutation has taken place in name of vendee, liability of vendor shall continue - Transfer of Property Act, 1882 - S.55(1)(g). Decree - Decree obtained by practicing fraud on Court - Held: Is nullity - Once it is held that by reason of commission of fraud, decree is void then it is inequitable to confer benefit on party who is beneficiary thereunder.'RV' owned property situated within the Coimbatore Municipal Corporation (the Municipality). He sold the property to 'S', the mother of Respondent Nos.1 and 2, but did not intimate the factum of sale to the Municipality. 'RV' was liable to pay certain property tax arrears in terms of the Tamil Nadu District Municipalities Act, 1920. With a view to enforce statutory charge as laid down in the 1920 Act, the Municipality filed suit against 'RV'. 'RV' did not inform the Court that he had already sold the property in favour of 'S'. The suit was decreed. In execution proceedings, the property was put in auction. The wife of 'RV' purchased the property. 'S' filed suit for declaration and possession alleging commission of fraud by 'RV'. Meanwhile wife of 'RV' sold the property to a third party who ultimately sold it to Appellants. The suit filed by 'S' was decreed. The First and Second appeal thereagainst were dismissed.In appeal to this Court, it was contended by the Appellants that in view of the mandatory provisions contained in sub-rule (4) of Rule 92 of Order XXI CPC, Municipality was a necessary party in the suit filed by 'S' and in its absence the judgment passed by the Courts below are nullities. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1023 |
Petitioner | T. Vijendradas And Anr. |
Respondent | M. Subramanian And Ors. |
SCR | [2007] 10 S.C.R. 880 |
Judgement Date | 2007-10-09 |
Case Number | 4727 |
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