Defendant selling property on dismissal of suit and first appeal - But before limitation for filing second appeal has expired -Second appeal filed by plaintiff afterwards within limitation - Sale in question has to be regarded as covered by S. 52.

Citation

2012 AIR SCW 893

SUPREME COURT

P. SATHASIVAM , J. and H. L. GOKHALE , J.

Civil Appeal No. 2467 of 2005, D/- 19 - 1 - 2012

Jagan Singh (Dead) Through L.Rs v. Dhanwanti and Anr

(A)U.P. Zamindari Abolition and Land Reforms Act (1 of 1951), S.169 - Hindu Succession Act

(30 of 1956), S.14(2) - Bhumidhar - Right to transfer his rights - He can by will create restricted

interest in legatee - Such bequest if made in favour of the female Hindu shall remain restricted

in view of S. 14(2) of 1956 Act - Legatee will have no right to transfer property.

2005 (98) Rev Dec 91 (All), Reversed.

 (Para 13) 

(B)Transfer of Property Act (4 of 1882), S.52 - Lis pendens - Doctrine of applicability - Suit for

permanent injunction restraining defendants from selling property - Defendant selling property

on dismissal of suit and first appeal - But before limitation for filing second appeal has expired -

Second appeal filed by plaintiff afterwards within limitation - Sale in question has to be regarded

as covered by S. 52.

 (Paras 21) 

Cases Referred Chronological Paras

AIR 1988 SC 2020 11, 12, 13

AIR 1976 SC 794 11

AIR 1971 SC 745 12

AIR 1968 SC 1058 12

AIR 1959 Bom 475 19, 21

AIR 1932 All 210 20

(1888) TLR 15 Cal 94 20

Piyush Sharma, for Petitioner; Mithilesh Kumar Singh, for Responde