AI Overview...
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Limited rights of Purchaser Pendente Lite - A purchaser pendente lite (during the pendency of a suit) does not acquire a fresh or revived right in the property, nor do they have full rights akin to a final purchaser. Their rights are limited and courts generally do not encourage such purchases during ongoing litigation. Pushpa Drolia wife of Rajendra Drolia VS Sohrai Mahton S/o late Ramautar Mahton - Patna, Meera Choudhary VS Dilip Mahto - Jharkhand
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No entitlement to equity or specific rights - A purchaser pendente lite is typically not entitled to claim equity or specific benefits such as allotment of property, especially if their purchase occurs after the suit has been initiated. Courts have clarified that such purchasers do not hold the same rights as final buyers, and their claims are often dismissed if they seek equitable relief. Anita Soni, wife of Sri Rajeev Kumar Soni VS Mina Devi, wife of late Chandra Shekhar Paneri - Jharkhand, G. Krishnamoorthy VS Sukumar & Others - Madras
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Impleadment of Purchaser Pendente Lite - The courts have held that adding a purchaser pendente lite as a necessary party in a suit is generally not permissible if their inclusion would prejudice the ongoing proceedings or if they are bound by the outcome of the suit. Their rights are subject to the final decree and they are often bound by the result of the litigation. Meera Choudhary VS Dilip Mahto - Jharkhand, K. Raju VS Kuthalingam - Madras
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Effect of Sale of Equity of Redemption Pendente Lite - Sale of the mortgagor’s equity of redemption pendente lite does not necessarily preclude the purchaser from asserting rights unless confirmed or finalized. The rights depend on the stage of the proceedings and whether the sale has been validated. Nirmala Industries, Uthagamandalam, Nilgirls Dt. By Its Sole Proprietor, C. S. Benjamin VS Srinivasa Perumal Financing Corporation - Madras, SHALIGRAM BINDALAL VS PUNDALIK BALIRAM - Nagpur
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Transferee Pendente Lite Bound by the Suit’s Result - A transferee pendente lite is bound by the final outcome of the suit and cannot claim rights contrary to the judgment. Courts emphasize that such purchasers take subject to the result of the litigation. JOGINDER SINGH BEDI VS SARDAR SINGH NARANG - Delhi
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Right to Redeem and Court’s Competency - The courts have examined whether a purchaser pendente lite has the right to redeem the mortgage, especially in foreclosure proceedings, and whether the court can pass final decrees affecting such rights. Generally, unless confirmed, the rights of a purchaser pendente lite are limited. Chinna Marudachalam and another VS Chinnaiya Gounder @ Renganna Gounder - Madras
Analysis and Conclusion
Purchaser pendente lite generally holds limited rights during ongoing litigation, primarily acting as a protector of their interests until final adjudication. Courts are cautious about granting equitable relief or recognizing full ownership rights to such purchasers, emphasizing that their claims are often subject to the final decree and the doctrine that they are bound by the outcome of the suit. Their rights do not include creating new equities or reviving rights in the property unless explicitly confirmed or finalized through court proceedings.
References: - Pushpa Drolia wife of Rajendra Drolia VS Sohrai Mahton S/o late Ramautar Mahton - Patna - Anita Soni, wife of Sri Rajeev Kumar Soni VS Mina Devi, wife of late Chandra Shekhar Paneri - Jharkhand - G. Krishnamoorthy VS Sukumar & Others - Madras - Meera Choudhary VS Dilip Mahto - Jharkhand - SHALIGRAM BINDALAL VS PUNDALIK BALIRAM - Nagpur - K. Raju VS Kuthalingam - Madras - Nirmala Industries, Uthagamandalam, Nilgirls Dt. By Its Sole Proprietor, C. S. Benjamin VS Srinivasa Perumal Financing Corporation - Madras - JOGINDER SINGH BEDI VS SARDAR SINGH NARANG - Delhi - Chinna Marudachalam and another VS Chinnaiya Gounder @ Renganna Gounder - Madras
Search Results for "Equity Pendente Lite Purchaser"
2020 0 Supreme(Pat) 434 • India - Patna
MOHIT KUMAR SHAH
same right by purchaser or purchaser pendente lite does not create a fresh equity or revive same right in second purchaser – Petitioners ... pendente lite if impleaded in a partition suit has a very limited right – Limited right of a purchaser pendente lite of first purchaser ... lite – Courts are not supposed to encourage pendente li....
2018 0 Supreme(Jhk) 1781 • India - Jharkhand
SHREE CHANDRASHEKHAR
Code,1908 - Order-I Rule 10(2) - Transfer of Property Act, 1882 - Section 52 - Claim an interest in property - Transferred by a purchaser ... pleaded that through registered sale-deed decimals land tenants in occupation namely Shankar -defendant -Held partition suit in which purchaser ... property or over a part of suit property- In contrast to her vendors petitioner admittedly stands on a different footing- She is not a purchaser ... The limited right of a purchaser pendente lite, or ....
2003 0 Supreme(Mad) 76 • India - Madras
S.JAGADEESAN, D.MURUGESAN
He further contended that the appellant being a purchaser from the transferee pendente lite, he is not entitled for any equity. ... ... 6.By order dated 21.1.1997 this court disposed of the application stating that the applicant being a purchaser pendente lite, he is not entitled for any claim for equity for the allotment of a particular item. ... ... 5.The appellant herein filed Application No. 3211 of 1996 to implead himself as a party to the pro....
1976 0 Supreme(Mad) 263 • India - Madras
N.S.RAMASWAMI
The dispute between the mortgagee-decree-holder auction purchaser and the court auction purchaser under a money decree is not one ... WITH COURT AUCTION PURCHASER UNDER MONEY DECREE - MAINTAINABILITY OF CIVIL MISCELLANEOUS APPEAL. ... CIVIL PROCEDURE CODE, 1908 - SECTION 47 - OBSTRUCTION BY THIRD PARTY - REMOVAL - MORTGAGE DECREE-HOLDER AUCTION PURCHASER - DISPUTE ... The second defendant is only a subsequent purchaser he having purchased the equity of redemption #HL_....
2018 0 Supreme(Jhk) 2632 • India - Jharkhand
SHREE CHANDRASHEKHAR
Impleadment - Lis Pendens - Doctrine of Lis Pendence and Impleadment of Purchaser Pendente Lite Fact of the Case: p ... The defendants objected to the impleadment on the ground that the petitioner, as a purchaser pendente lite, would be bound by the ... It concluded that the impleadment of the petitioner, a purchaser pendente lite, many years after the suit was instituted, was not ... The defendants have objected ....
1954 0 Supreme(Nagpur) 53 • India - Nagpur
SEN, BHUTT
Finding of the Court: The court held that a purchaser 'pendente lite' is a person claiming under the mortgagor within ... Whether a purchaser 'pendente lite' is a person claiming under the mortgagor within the meaning of S. 146 of the Code and is entitled ... PENDENTE LITE - RIGHT TO APPLY - LIMITATION. ... It was to resolve this conflict that S. 146 was inserted in the new Code, which would evidently cover the case of a purchaser....
2021 0 Supreme(Mad) 3545 • India - Madras
A.D.JAGADISH CHANDIRA
pendente lite had filed petition under Order 1 Rule 10(2) of Code of Civil Procedure seeking to implead him as necessary party in ... pendente lite is not necessary party had dismissed petition by order against which revision has been filed - Whether petitioner ... legal heirs have sold suit scheduled first property to revision petitioner by registered sale deed - Revision petitioner who is purchaser ... In Shakeela Begum.vs.Mohammeed Yakkub (deceased) and others in A.S.No.827 of 1992, this Court has he....
1986 0 Supreme(Mad) 492 • India - Madras
There is therefore no denying the fact that the agreement of sale had come into existence pendente lite. But, what must be looked into is, whether the sale of equity of redemption by the mortgagor pendente lite precludes the purchaser from claiming any right whatever. ... If is only if the confirmation had taken place, the respondents can plead that the agreement of sale entered into pendente lite cannot affect the rights of the court auction-#HL_STA....
1984 0 Supreme(Del) 31 • India - Delhi
G.C.JAIN, AVADH BEHARI ROHATGI
Whether the sister, being a transferee pendente lite, was bound by the result of the suit? 3. ... The court also held that the sister, being a transferee pendente lite, was bound by the result of the suit. ... The purchaser instituted a suit for specific performance on 10-7-1972. ... must be remembered that she is a purchaser pendente lite and therefore takes nothing. ... It is. . . a doctrine common to the Courts both of law and of equity#....
1996 0 Supreme(Mad) 1215 • India - Madras
A.R.LAKSHMANAN
of part of the equity of redemption pendente lite. ... two questions were raised. (1) Whether the tnal court was competent to pass a final decree for foreclosure though the preliminary decree was for sale and (2) Whether the respondent had the right to contend that he was entitled to redeem the said mortgage in view of the fact that he was the execution purchaser
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