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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, Devaraj
M.D.Sampathkumar – Appellant
Versus
DEVARAJ – Respondent
JUDGMENT :
R.Sakthivel, J.
This Second Appeal is directed against the Judgment and Decree dated October 1, 2019 passed in A.S.No.19 of 2016 by the 'III Additional District & Sessions Court, Erode at Gobichettipalayam' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated June 17, 2016 passed in O.S.No.56 of 2008 by the 'Sub Court, Gobichettipalayam' ['Trial Court' for brevity] was confirmed.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
PLAINTIFF'S CASE
3. On June 5, 2006, Karuppanna - husband of the first defendant, borrowed a sum of Rs.2,00,000/- for interest at the rate of 12% per annum from the plaintiff and executed a Promissory Note in favour of the plaintiff. Karuppanna passed away on April 20, 2008 without repaying any amount, leaving behind his wife - Thangammal / first defendant as sole legal representative. The plaintiff demanded repayment of the debt and issued a legal Notice on April 30, 2008, which the first defendant received on May 3, 2008 and caused reply Notice dated May 6, 2008 inter alia seeking the Suit Promissory Note for perusal. The plaintiff issued a rejoinder dated Ma
Universal donees are personally liable for the debts of the donor as per Section 128 of the Transfer of Property Act, overriding any claim of absolute ownership under the Hindu Succession Act in cert....
During pendency in any court having authority within limits of India of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in ques....
(1) Lis Pendens – Section 52 of T.P. Act has no application where transfer in favour of subsequent purchaser is not after filing of suit but before filing of suit for specific performance.(2) Resista....
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
The Court emphasized the importance of summary determination of questions under Rule 101 of Order XXI of the C.P.C. and the applicability of Section 52 of the Transfer of Property Act. It also clarif....
A pendente lite purchaser cannot assert independent title in execution proceedings, as the doctrine of lis pendens prevails over claims of bona fide purchasers under the Specific Relief Act.
Agreement to sell – Suit for Specific Performance – Once sale agreement is proved and subsequent sale was during pendency of suit hit by doctrine of lis pendens, decree for specific performance can b....
The doctrine of lis pendens does not affect prior subsisting rights, allowing innocent purchasers to enforce their claims based on preceding agreements.
A donee is not liable for the debts of the donor under Section 128 of the Transfer of Property Act, 1882, if the gift does not consist of the donor’s whole property.
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