The main legal point established is that the provisions of Section 52 of the Transfer of Property Act, 1882, and related civil procedure rules provide the framework for determining the legality of impleading a pendente lite transferee in inheritance disputes.

Ram Surat Ram (Maurya), J.

1. Heard Sri Hari Bans Singh, for the petitioner and Sri R.S. Mishra, for the contesting respondents.

2. The writ petition has been filed against the orders of Consolidation Officer dated 22.03.2014, allowing impleadment application of Shankar Singh (respondent-5), Settlement Officer Consolidation dated 14.11.2014 and Deputy Director of Consolidation dated 03.08.2015, dismissing appeal and revision of the petitioner against aforesaid order, in proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

3. The dispute relates to inheritance of the land in dispute, which belonged to late Ram Pyari. Respondent-4 filed an objection under Section 9 of the Act, for recording his name as an heir of Ram Pyari under her will dated 15.05.1986. The petitioner filed another objection for recording his name as an heir of Ram Pyari under her will dated 13.07.1986. The Consolidation Officer by order dated 01.08.2000, directed to mutate the name of the petitioner as an heir of Ram Pyari. Respondent-4 filed an application for recall of the order dated 01.08.2000, which was allowed on 11.08.2000. Thereafter, Consolidation Officer by order dated 05.12.2000, directed to mutate the name of Keshav Prasad Giri (respondent-4) as an heir of Ram Pyari.

4. The petitioner filed an application for recall of the order dated 05.12.2000. The Consolidation Officer by order dated 31.01.2013, restrained the parties from transferring the land in dispute and directed for maintaining status quo on the spot. Shankar Singh (respondent-5) filed an application for his impleadment as party in the objection on 10.01.2014 on the ground that Keshav Prasad Giri (respondent-4) has executed a sale deed dated 09.12.2013 of the disputed land in his favour and handed over possession to him over it. The petitioner contested the aforesaid application on the ground that respondent-5 was a pendente lite transferee and his sale deed was hit by Section 52 of Transfer of Property Act, 1882. The Consolidation Officer by order dated 22.03.2014 held that as interest in the land in dispute has been assigned to respondents-5 as such he is liable to be impleaded as party in the objection. On these findings impleadment application has been allowed. The petitioner filed an appeal from the aforesaid order. Settlement Officer Consolidation by dated 14.11.2014 dismissed the appeal. The petitioner filed a revision against the aforesaid order. Deputy Director of Consolidation by order dated 03.08.2015, dismissed the revision. Hence this writ petition has been filed.

5. The counsel for the petitioner submitted that Section 52 of Transfer of Property Act, 1882 prohibits the parties to the suit from transferring the property in dispute, except with the leave of the Court. Respondent-5 is a pendente-lite transferee, without leave of the Court. Respondent-5, knowingly purchased the litigation on its own risk. He was neither 'necessary nor proper party' and he was not entitled to be impleaded in the objection.

6. I have considered the arguments of the counsel for the petitioners and examined the record. In order to appreciate arguments, relevant provisions of Transfer of Property Act, 1882 and Civil Procedure Code, 1908 are quoted below: -

52. Transfer of property pending suit relating thereto.-- During the pendency in any Court having authority within the limits of India excluding the State of Jammu and Kashmir or established beyond such limits by the Central Government of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose.

Explanation.--For the purposes of this section, the pe