DHANLAKSHMI AND ORS. versus P. MOHAN AND ORS.

Transferees who purchase undivided share from co-sharers during pendency of partition suit are necessary and proper parties and entitled to be impleaded in the suit to work out equities in the final decree proceedings. Their rights are not greater than those of their vendors, but they may enforce their share through partition.

Parties: Appellants: Dhanlakshmi and Ors.; Respondents: P. Mohan and Ors.
Jurisdiction: India
Judgment Date: 17 January 2007
Procedural Posture: Civil Appeal / Appeal From Final Judgment and Order of Madras High Court (madurai Bench) in C.r.p. (p.d.) No.357/2004
Outcome: Appeal allowed
Legal Topics: Lis Pendens, Partition, Impleadment of Transferees, Transfer of Undivided Share

Property Law Lis Pendens Partition Impleadment of Transferees Transfer of Undivided Share

Case Brief

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Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Dhanlakshmi and Ors.

Appellants

P. Mohan and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Final Judgment and Order of Madras High Court (madurai Bench) in C.r.p. (p.d.) No.357/2004

Legal Issues

1 Whether transferees of undivided share during pendency of partition suit are necessary and proper parties to be impleaded
2 Effect of Section 52 of the Transfer of Property Act, 1882 (doctrine of lis pendens) on transferees' rights

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order passed by High Court set aside; application for impleadment allowed; appellants to be arrayed as defendants Nos. 7, 8 & 9 in the suit.
Appellants permitted to file written statements in pending suit.