BINA MURLIDHAR HEMDEV AND ORS. versus KANHAIYALAL LAKRAM HEMDEV AND ORS.

BINA MURLIDHAR HEMDEV AND ORS. versus KANHAIYALAL LAKRAM HEMDEV AND ORS.

Prima facie, appellants' rights in immovable property are recognized by registered documents and correspondence. Temporary injunction is justified due to denial of rights and absence of equitable offer by respondents. Plea of bona fide purchase without notice is not available where actual and constructive notice exists and vendor could not convey greater rights than owned.

Parties
Appellants/plaintiffs: Bina Murlidhar Hemdev and Others; Respondents/defendants: Kanhaiyalal Lakram Hemdev and Others
Jurisdiction
India
Judgment Date
14 May 1999
Procedural Posture
Civil Appeal / Appeal Against Interim Order of Bombay High Court Under Order 39 Rule 1 CPC
Outcome
Appeal allowed; orders of trial court and High Court set aside.
Legal Topics
Temporary Injunction, Partnership Property Transfer, Registered Documents, Notice and Bona Fide Purchaser, Suit for Dissolution and Accounts
Civil Procedure Property Law Partnership Law Temporary Injunction Partnership Property Transfer Registered Documents Notice and Bona Fide Purchaser Suit for Dissolution and Accounts

Case Brief

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Parties

Bina Murlidhar Hemdev and Others

Appellants/plaintiffs

Kanhaiyalal Lakram Hemdev and Others

Respondents/defendants

Procedural Posture

Civil Appeal / Appeal Against Interim Order of Bombay High Court Under Order 39 Rule 1 CPC

Legal Issues

  1. 1 Whether a temporary injunction should be granted to restrain the builder and respondents from construction on disputed property
  2. 2 Whether plaintiffs are entitled to relief in the suit if dissolution or accounts are not maintainable
  3. 3 Whether handwritten additions to registered rectification deed are valid

Ratio Decidendi

Prima facie, appellants' rights in immovable property are recognized by registered documents and correspondence. Temporary injunction is justified due to denial of rights and absence of equitable offer by respondents. Plea of bona fide purchase without notice is not available where actual and constructive notice exists and vendor could not convey greater rights than owned.

Court Disposition

Appeal allowed; orders of trial court and High Court set aside.

Orders

  • Temporary injunction granted restraining builder and anyone claiming through them from making construction or entering into transfer arrangements concerning plots 8 to 12, road, and open plot No. 2
  • Order is operative pending suit; subject to modification if adequate safeguards for plaintiffs' interests are offered