property according to this contention is not in any way affected by the alienation and they can recover the property without seeking to set aside ... next section to be only to make the alienation voidable at the instance of the person affected.
44. It is thus clear that nothing turns
date when the attachment was first made and would render invalid any alienation in the interim period.
32. In the case of Nancy John Lundon ... have the effect of restoring the attachment retrospectively so as to affect alienations made during the period between dismissal of the suit or execution application
that the alienation was made during the pendency of the suit on his mortgage, and that the alienations were affected by the doctrine ... properties by virtue of his mortgage decree and that as the alienations were affected by lis pendens.
25. No doubt, there is a decision
restraining the defendants by way of permanent injunction from in any way alienating or selling away the properties to third parties.
25.M.Srinivasan ... property and preventing the defendants from alienating the properties, has prayed for a declaration that the alienation affected by the defendants is null and void
should be implied
for a wrongful Cancellation Deed, and a wrongful alienation
cannot affect her character as a trustee of the properties
under the Deed ... should be implied for a wrongful cancellation deed and a
wrongful alienation cannot affect her character as a trustee
of the properties under the Deed
suit challenging alienation of ancestral property
by a Hindu governed by Mitakshara law affected by his father is 12 years
and the time begin ... applicable as there is no challenge to the alienation affected by Shiv Dev
Singh at the instance of the plaintiff. The plaintiff has asserted such
made it clear that Section 6
will not affect or invalidate any dispossession of
alienation including any partition or testamentary
disposition of property, which ... cited supra has clearly held that Section 6(1) will not
affect the alienation made prior to 20th December 2004.
Further in a judgment reported
that such alienation was not affected even by an adoption made by the widow. Bashyam Ayyangar, J., observed at page 149:
But if a portion ... surrender by a Hindu widow in favour of the reversioner cannot affect alienations made by her prior to the surrender, and which, though not binding
Hindu widow in favour of the next reversioner can affect previous alienations by her is not free from considerable difficulty. In cases of ordinary limited ... estate in favour of the nearest male reversioner cannot affect alienations which were made by her prior to the surrender and which, though not binding
adverse possession against the widow,
neither the alienation nor the rights of the adverse
possessor could affect the reversioners' estate at all.
These rights ... held that a surrender by a Hindu widow
could not affect prior alienations made by her, and even
though such alienations might not be binding