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2017 Supreme(SC) 263

ARUN MISHRA, AMITAVA ROY
T. Ravi – Appellant
Versus
B. Chinna Narasimha – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized without specific case law references:

  1. The decision establishing that a sale made during the pendency of a suit (lis pendens) is not void but operates as res judicata in final decree proceedings, thereby binding the parties involved (!) (!) .

  2. The law applicable to Muslim and Muhammadan law does not contain a rule that negates the application of the doctrine of lis pendens; thus, section 52 of the Transfer of Property Act applies in such cases (!) (!) .

  3. A sale deed executed during the period of lis pendens is valid only to the extent of the vendor’s share in the property. Sale beyond that share is considered void, and the sale is not automatically void but is subject to the rights and final decision in the pending suit (!) (!) .

  4. Shares declared in a preliminary decree for partition are final and binding, and any purchaser pendente lite is bound by these shares and the outcome of the suit. The rights of purchasers are limited to their vendor’s share, and they cannot claim rights over the entire property (!) (!) .

  5. It is not necessary to file a separate suit for cancellation of a sale deed executed during lis pendens if the sale was only of the vendor’s share and not beyond it. The sale remains valid subject to the final decree and the outcome of the litigation (!) .

  6. Parties cannot adopt inconsistent standpoints during litigation; they are bound by their earlier representations and cannot reprobate or approbate, especially when their conduct was aligned with the doctrine of lis pendens (!) (!) .

  7. Delay or laches in initiating proceedings or in taking steps after the final decree does not necessarily bar a party's rights, especially when the earlier decree has attained finality and the parties have actively participated in subsequent proceedings (!) (!) .

  8. The doctrine of lis pendens applies to proceedings including appeals, applications, and other related steps, and such proceedings do not affect the validity of transfers made during the pendency of a suit unless expressly prohibited (!) (!) (!) .

  9. The effect of final and preliminary decrees is that they operate as final decisions, and the rights declared therein are binding on all parties, including subsequent purchasers, to the extent of their vendor’s share. Purchasers can work out equities and adjust their interests during final decree proceedings but within legally permissible limits (!) (!) (!) .

  10. In cases involving Muslim law, co-sharers succeed as tenants in common with specific shares, and they cannot act on behalf of each other to alienate property beyond their own share. Sale of property beyond a co-sharer’s own share is invalid unless expressly permitted by law or agreement (!) (!) (!) .

  11. The law emphasizes that transfers made during the pendency of a suit are subject to the final outcome and that the rights of the parties are to be determined by the final decree, with the transfer being valid only to the extent of the vendor’s share as declared in the preliminary decree (!) (!) (!) .

  12. The law also recognizes that equitable considerations can be adjusted in final decree proceedings, but such adjustments are limited to legally permissible extents, and no transfer or sale can override the finality of the decree or the rights established therein (!) (!) .

  13. The doctrine of lis pendens is rooted in principles of justice and public policy, designed to maintain the status quo and prevent parties from circumventing the jurisdiction of the court by private dealings during ongoing litigation (!) (!) .

  14. It is also clarified that the effect of section 52 is that a transfer during the pendency of a suit is not void but is subordinate to the rights and final decision of the court. The transfer remains valid but is subject to the outcome of the litigation (!) (!) .

  15. The legal position is that the law will prevail over equitable principles when there is a conflict, and parties cannot claim higher rights or equitable adjustments that are not supported by the final or preliminary decree or pleadings (!) (!) (!) .

If you need further elaboration or specific legal advice based on this document, please let me know.


JUDGMENT :

Arun Mishra, J.

1. Leave granted in S.L.P. (C) Nos. 23864-23865 of 2011.

2. In the appeals, the final decree which has been drawn up in a partition suit with respect to item No.6 of Schedule ‘B’ pertaining to land admeasuring 68 acres 10 guntas comprised in survey Nos. 63, 68, 69 and 70 situated at village Madhapur, District Ranga Reddy, Hyderabad is in question.

3. The property was matruka property of Late Mohd. Nawab Jung who passed away on 25.4.1935. Civil Suit No.82/1935 was instituted by Mohd. Hashim Ali Khan, son of Mohd. Nawab, in Darul Qaza City Court, Hyderabad, for partition of matruka properties of Late Nawab comprised in Schedules ‘A’, ‘B’ and ‘C’. The suit was contested, inter alia, by defendant No. 1. Darul Qaza Court was abolished in the year 1951. On abolition of original jurisdiction of the High Court, the case was assigned to the City Civil Court. It appears that later on as the file was not received by the City Civil Court from the Custodian, it passed order dated 8.1.1955 to the effect that the file of the case was not yet received, the plaintiff was also absent, as such the case be closed for the time being and be revived only on receipt of the file and



























































































































































































































































































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