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1982 Supreme(Raj) 194

DWARKA PRASAD
SAYAR BAI – Appellant
Versus
YASHODA BAI – Respondent


Advocates Appeared:
H.M.PAREKH, Kamal Lal Paneri, M.C.Bhandari

Judgment


DWARKA PRASAD, J.

( 1 ) THE question which arises for determination in this appeal is that as to when a larger interest in immovable property than possessed by the transferor is sought to be transferred by him whether the transfer would not be affected by the principle of lis pendens or such a transferee would still be a re-presentativein-interest of the judgment-debtor, in execution of the decree passed against the predecessor-in-interest of the transferor.

( 2 ) THE facts which have given rise to these proceedings are that Shri Kishan mortgaged with possession the property in dispute with Chaganlal, Paras Ram and Mool Chand. Gordhanlal, Pannalal and Shankar Lal had claim for money against Mool Chand and they obtained a money decree against Moolchand with the stipulation that the decretal amount shall be realised from the property of Moolchand. The mortgagee rights in the disputed property were attached in execution of the decree obtained by Gordhanlal and others and were sold at an auction sale. Gordhanlal. Pannalal and Shankarlal decree-holders purchased the mortgagee rights of Moolchand in the aforesaid property and a sale certificate was issued in favour of the aucti
















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