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1 - 4 of 4 (0.27 seconds)Surjit Singh & Ors. Etc. Etc vs Harbans Singh & Ors. Etc. Etc on 6 September, 1995
The learned Counsel for the respondent submits
that assignment of rights in favour of the stranger
purchaser in violation of the order is void and he cannot
be impleaded as party on the basis of such assignment.
The learned Counsel has relied upon the decision of the
Hon'ble Supreme Court in Surjit Singh & Ors. Vs.
Harbans Singh & Ors. reported at (1995) 6 SCC 50. In
the instant case, it is factually different. The transferor
has categorically stated that upon her getting the suit
property it would devolve upon the stranger purchaser.
By the said deed, the transfer was not immediately
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effected upon the stranger purchaser. As we have
observed earlier, the original appellant was aggrieved by
the preliminary decree and she preferred an appeal. It
was by reason of her death, the interest of the stranger
purchaser cannot be defeated. He had paid the
consideration amount.
Section 52 in The Transfer Of Property Act, 1882 [Entire Act]
The Transfer Of Property Act, 1882
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