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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.Lakshminarayanan
C.Chinnappa – Appellant
Versus
Jayamma – Respondent
| Table of Content |
|---|
| 1. factual background of the property dispute. (Para 1 , 2 , 3 , 4) |
| 2. procedural history and final decree applications. (Para 6 , 7) |
| 3. issues presented in the appeal. (Para 8 , 9) |
| 4. court's decision on the admissibility of documents. (Para 10 , 11 , 12) |
| 5. second suit's maintainability after partition. (Para 21 , 22 , 23 , 24) |
| 6. judgment requirements under civil procedural law. (Para 25 , 26) |
| 7. legal standing of lis pendens purchasers in appeals. (Para 27 , 28 , 29) |
| 8. judicial precedent regarding title and appeal rights. (Para 30 , 33 , 34) |
| 9. final decision and orders issued by the court. (Para 40 , 41 , 42) |
JUDGMENT :
V.Lakshminarayanan, J.
This case has a checkered history. The suit schedule mentioned properties are items belonging to one Chinna Mallegoudu @ Mallaiah. Mallaiah and his wife Ammaiakka @ Puttamma had one son by name Puttiah and 5 daughters namely Mallamma (deceased), Jayamma, Devarajamma, Dhakshayini @ Sulochana and Nirmala. Mallamma seems to have passed away leaving behind her husband Mahadevan and three daughters namely Sailashri, Bhuvanashri, Sudhashri as her legal heirs.
2. Tmt.Mallamma filed a suit for partition and separate possession in O.S.No.105
A second suit for partition is not maintainable concerning property previously partitioned; purchasers under lis pendens retain the right to appeal against decrees affecting their interests.
The court ruled that a second suit for partition is not maintainable if a previous decree regarding the same property exists, emphasizing the rights of a lis pendens purchaser to appeal.
(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....
Tenancy established during the pendency of a partition suit is subject to the doctrine of lis pendens, and does not grant rights against the decree holder.
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