JAYARAM MUDALIAR versus AYYASWAMI & ORS.

JAYARAM MUDALIAR versus AYYASWAMI & ORS.

Rule 28 of Order IV is valid and does not curtail appeal rights. Doctrine of lis pendens applies to voluntary sales but not to revenue sales if statutory charge exists and loan was for improvement of specified properties; such properties are to be segregated from the joint family partition proceedings.

Parties
Appellant: Jayaram Mudaliar; Respondent: Ayyaswami Mudaliar; Co Defendants: Munisami Mudaliar and others
Jurisdiction
India
Judgment Date
12 April 1972
Procedural Posture
Civil Appeal / Supreme Court Appeal From Madras High Court Second Appeal No. 1173 of 1964
Outcome
Appeal dismissed
Legal Topics
Doctrine of Lis Pendens, Partition Suit, Validity of Sales During Pendency of Suit, Effect of Limitation Act and High Court Rules
Property Law Civil Procedure Doctrine of Lis Pendens Partition Suit Validity of Sales During Pendency of Suit Effect of Limitation Act and High Court Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jayaram Mudaliar

Appellant

Ayyaswami Mudaliar

Respondent

Munisami Mudaliar and others

Co Defendants

Procedural Posture

Civil Appeal / Supreme Court Appeal From Madras High Court Second Appeal No. 1173 of 1964

Legal Issues

  1. 1 Whether Rule 28 Order IV of Madras High Court Appellate Side Rules, 1965 is ultra vires
  2. 2 Applicability of doctrine of lis pendens under s. 52 of Transfer of Property Act to voluntary and revenue sales during pendency of partition suit

Ratio Decidendi

Rule 28 of Order IV is valid and does not curtail appeal rights. Doctrine of lis pendens applies to voluntary sales but not to revenue sales if statutory charge exists and loan was for improvement of specified properties; such properties are to be segregated from the joint family partition proceedings.

Court Disposition

Appeal dismissed

Orders

  • Trial court to determine which properties were improved by loans under Land Improvement Loans Act, and segregate them from other suit properties for partition.