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1 - 6 of 6 (0.39 seconds)Section 52 in The Transfer Of Property Act, 1882 [Entire Act]
Section 19 in The Specific Relief Act, 1963 [Entire Act]
Khemchand Shankar Choudharyand ... vs Vishnu Hari Patil And Others on 3 December, 1982
In Khemchand Shankar Choudhary v. Vishnu Hari
Patil, (1983) 1 SCC 18, this Court held that : (SCC p. 21, para
Amit Kumar Shaw & Anr vs Farida Khatoon & Anr on 13 April, 2005
(emphasis supplied)
56}To the same effect is the decision of this Court in Amit
Kumar Shaw v. Farida Khatoon (2005) 11 SCC 403 where this
Court held that a transferor pendente lite may not even defend
the title properly as he has no interest in the same or collude
with the plaintiff in which case the interest of the purchaser
pendente lite will be ignored. To avoid such situations the
transferee pendente lite can be added as a party defendant to
the case provided his interest is substantial and not just
peripheral. This is particularly so where the transferee
pendente lite acquires interest in the entire estate that forms
Vishal Parekar, PS ...10
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the subject matter of the dispute. This Court observed: (SCC
p.411, para 16).
Rikhu Dev, Chela Bawa Harjug Dass vs Som Dass (Deceased) Through His Chela ... on 28 August, 1975
As already noticed, the court has
discretion in the matter which must be judicially
exercised and an alienee would ordinarily be joined as a
party to enable him to protect his interests. The Court
has held that a transferee pendente lite of an interest in
immovable property is a representative-in-interest of the
party from whom he has acquired that interest. He is
entitled to be impleaded in the suit or other proceedings
where the transferee pendente lite is made a party to the
litigation; he is entitled to be heard in the matter on the
merits of the case. To the same effect is the decision of
this Court in Rikhu Dev, Chela Bawa Harjug Dass v.
Som Dass (deceased) through his Chela Shiama Dass,
(1976) 1 SCC 103.
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