YOGESH GOYANKA versus GOVIND & ORS.

YOGESH GOYANKA versus GOVIND & ORS.

The appeal was allowed because Section 52 does not automatically render a registered sale deed executed pendente lite void ab initio and impleadment of a transferee pendente lite who had notice is a discretionary relief; given the possibility of collusion between parties, the delay in institution of the suit, and that the trial had not proceeded significantly, the appellant with a registered sale deed is entitled in the interest of justice to be impleaded as a party-defendant so that disputed factual issues (including payment of consideration) can be determined by the trial court.

Parties
Appellant: Yogesh Goyanka; Respondent: Govind & Ors.
Jurisdiction
India
Judgment Date
10 July 2024
Procedural Posture
Civil Appeal / Appeal to the Supreme Court Against High Court Order Dismissing Impleadment Application Under Order 1 Rule 10 CPC
Outcome
Appeal allowed
Legal Topics
Suit for Permanent Injunction and Declaration, Release Deeds, Pendente Lite Purchasers, Doctrine of Lis Pendens, Impleadment of a Transferee Pendente Lite, Section 52 of TP Act, Bona Fide Purchasers, Temporary Injunction, Unpaid Consideration
Transfer of Property Act, 1882 Code of Civil Procedure, 1908 Suit for Permanent Injunction and Declaration Release Deeds Pendente Lite Purchasers Doctrine of Lis Pendens Impleadment of a Transferee Pendente Lite Section 52 of TP Act +3 more

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Parties

Yogesh Goyanka

Appellant

Govind & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court Against High Court Order Dismissing Impleadment Application Under Order 1 Rule 10 CPC

Legal Issues

  1. 1 Whether a transferee pendente lite with notice of the pending litigation can be impleaded in the suit
  2. 2 Whether a registered sale deed executed pendente lite is void ab initio under Section 52 of the Transfer of Property Act, 1882
  3. 3 Whether the appellant was a bona fide purchaser entitled to protection

Ratio Decidendi

The appeal was allowed because Section 52 does not automatically render a registered sale deed executed pendente lite void ab initio and impleadment of a transferee pendente lite who had notice is a discretionary relief; given the possibility of collusion between parties, the delay in institution of the suit, and that the trial had not proceeded significantly, the appellant with a registered sale deed is entitled in the interest of justice to be impleaded as a party-defendant so that disputed factual issues (including payment of consideration) can be determined by the trial court.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the High Court dated 21.01.2022 set aside
  • Order of the Additional District Judge dated 10.10.2019 set aside