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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. LAKSHMINARAYANAN
C. Chinnappa – Appellant
Versus
Jayamma – Respondent
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 of 1974 on the file of the District Munsif Court at Hosur. She sought for the relief of partition by metes and bounds and separate possession of her 1/7th share. The present suit schedule mentioned property namely S.No.225 of Arulam village in Denkonikottai taluk, Dharmapuri District (presently Krishnagiri District) is shown as item 1 of the suit schedule mentioned property in O.S.No.105 of 1974. Summons were issued in the said suit and the defendants entered appearance before the Court on 28.06.1974. The suit was decreed as prayed for, with costs.
3. To put the preliminary decree so obtained into operation, an application
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.
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 reaffirms that a sale pending litigation is not void but does not bind the party in the pending suit, allowing partial claims based on property allocation.
(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.
Amendments to final decrees must involve notice to all interested parties; failure to notify renders amendments non-binding.
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