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ARUN KUMAR, ASHOK BHAN
DEVENDRA KUMAR SAREWGEE – Appellant
Versus
PURBANCHAL ESTATES (P) LTD. – Respondent
Question 1? Question 2? Question 3?
Key Points: - The transferee pendente lite is treated as a representative-in-interest of the judgment-debtor and bound by the decree passed against the judgment-debtor. (!) - Order 22 Rule 10 CPC grants a court discretion to grant leave to bring on record a transferee pendente lite; such addition is not automatic. (!) - The transferee pendente lite may be joined as a party to protect his substantial interest during pendency, and the court must judicially exercise its discretion. (!) - Prior decisions held that a lis pendens transferee can be impleaded as a proper/necessary party to ascertain and protect his interest; discretion governs the decision to implead. (!) - The High Court correctly impleaded the transferee in related proceedings; the Supreme Court affirmed dismissal of the appeal and allowed impleadment in execution for ejectment/mesne profits. (!) (!)
ORDER
1. Appellants 1 to 3 the brothers, Appellants 4 and 5 the trustees and Respondent 3 the brother of Appellants 1 to 3 are the joint owners of the property bearing Plot No.3, Alipur Park Place, in the heart of Calcutta measuring one bigha, six catthas, fourteen chitacks and thirty-seven sq ft equivalent to 2154.11 sq yards having a constructed area approximately 12,000 sq ft consisting of 24 living rooms besides bathrooms, kitchen, two garages and servants quarters, hereinafter referred to as "the suit property". The property was given on lease vide registered deed of lease dated 1-2-1956 to Durgadas Moondhrs, Respondent 2 at a monthly rent of Rs 700 w.e.f. 1-31955 for a period of 21 years.
2. Since Respondent 2 failed to hand over vacant possession of the property after the expiry of the period of lease to the appellants and Respondent 3, suit being Title Suit No. 60 of 1980 (subsequently numbered as TS No. 45 of 1987) was instituted seeking recovery of possession from Respondent 2 in the Court of 1st Subordinate Judge, Alipore, Calcutta.
3. Respondent 2 also instituted Title Suit No. 97 of 1980 (subsequently numbered as TS No. 46 of 1987) in the Court of 2nd Assistant District
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