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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
A.Shanthi – Appellant
Versus
G.Jayaraman – Respondent
JUDGMENT :
N. SATHISH KUMAR, J.
Challenging the decree and judgment of the Trial Court dismissing the suit filed for declaration, permanent injunction and canceling the decree passed in O.S.No.161 of 2011 on the file of II Additional Subordinate Court, Salem in favour of the first defendant.
2. For the sake of convenience, the parties are arrayed to as per their own ranking before the Trial Court.
3. Brief background of filing this appeal are as follows:
3.a. The Plaintiff has purchased the suit property from the defendants 6 and 7 through their power of attorney agent, the 8th defendant on 09.08.2011. Ever since the date of purchase, the plaintiff is in absolute possession and enjoyment of the suit property and mutation of revenue records have also taken place in her name. The property originally belonged to the second defendant by virtue of a sale deed dated 30.04.1996, she has executed a power of attorney in favour of 3rd defendant on 24.08.2005. According to the plaintiff, the said power of attorney is not intended for the purpose stated therein. That power of attorney was executed between the defendants 2 and 3 when their relationship was cordial, however, the 3rd defendant in orde
The doctrine of lis pendens applies, rendering a subsequent sale void if made during the pendency of a suit, and no evidence of fraud was established against the earlier decree.
Contracts for specific performance are unenforceable when vendors lack title, and suits are barred by limitation if not filed within prescribed timeframes.
An agreement of sale does not create any interest or charge on property; subsequent deeds must be joined in a suit for title claim.
Agreement to Sell – When a composite suit is filed for cancellation of sale deed as well as for recovery of possession, limitation period is required to be considered with respect to substantive reli....
The court affirmed the application of the lis pendens doctrine, ruling that property transfers during litigation are void, establishing plaintiffs' ownership and rights to seek injunction.
The absence of explicit allegations of fraud in a Section 47 application results in dismissal, emphasizing the need for substantial claims against execution of decrees.
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