Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Suit for declaration and consequential injunction

Thursday, December 16, 2010
Suit for declaration and consequential injunction

Suit for declaration and consequential injunction — Filed by purchaser pendente lite — Whether maintainable in a case where the co-owner by representing himself to be the absolute owner has alienated the joint property or portion thereof during the pendency of the partition suit? — Held, although the sale would be hit by doctrine of lis pendens still the suit  for declaration and consequential injunction, in regard to that portion of the suit property that was allotted to the co-owner in the partition suit, would be maintainable — Judgments of Trial Court and High Court, in the present case, holding that the appellant (purchaser pendente lite) is not entitled to any relief, is set aside — Appeal partly allowed — Transfer of Property Act, 1882, Section 52, Doctrine of Lis Pendens — Suit for Partition.

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