T.G. ASHOK KUMAR versus GOVINDAMMAL AND ANR.

T.G. ASHOK KUMAR versus GOVINDAMMAL AND ANR.

The sale pendente lite by the second respondent in favour of the appellant is subject to the decree passed in the partition suit. The appellant is entitled to declaration of title and consequential permanent injunction only in regard to the portion of the suit property allotted to the second respondent in the final partition decree; dismissal of the entire suit was not justified.

Parties
Appellant: T.G. Ashok Kumar; First Respondent: Govindammal; Second Respondent: Second Respondent
Jurisdiction
India
Judgment Date
08 December 2010
Procedural Posture
Civil Appeal / Appeal Before Supreme Court Following Concurrent Dismissal by Trial Court, First Appellate Court and High Court
Outcome
Appeal partly allowed
Legal Topics
Doctrine of Lis Pendens, Partition Suits, Declaration of Title, Permanent Injunction
Property Law Civil Procedure Doctrine of Lis Pendens Partition Suits Declaration of Title Permanent Injunction

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Parties

T.G. Ashok Kumar

Appellant

Govindammal

First Respondent

Second Respondent

Second Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court Following Concurrent Dismissal by Trial Court, First Appellate Court and High Court

Legal Issues

  1. 1 Whether the suit for declaration of title and permanent injunction should have been dismissed in entirety due to the doctrine of lis pendens
  2. 2 Effect of pendente lite transfer by defendant during pending partition suit
  3. 3 Extent of transferee's right when transferor is allotted only a portion of the property in partition decree

Ratio Decidendi

The sale pendente lite by the second respondent in favour of the appellant is subject to the decree passed in the partition suit. The appellant is entitled to declaration of title and consequential permanent injunction only in regard to the portion of the suit property allotted to the second respondent in the final partition decree; dismissal of the entire suit was not justified.

Court Disposition

Appeal partly allowed

Orders

  • Judgment of the High Court set aside to the extent it held the appellant-plaintiff is not entitled to any relief.
  • Suit decreed in part: declaration of title with consequential permanent injunction granted in respect of portion of the suit property allotted to the second respondent (portion shown as A, B, I, H, A in Commissioner's sketch, Ex.C-5 in O.S. No.8/1985).