Supreme Court · 1972 INSC 107 · Decided 12 April 1972
Jayaram Mudaliar v. Ayyaswami & ORS.
- Court
- Supreme Court of India
- Citation
- 1972 INSC 107 · [1973] 1 S.C.R. 139
- Case number
- CIVIL APPEAL No. 2152/1968
- Decided
- 12 April 1972
- Bench
- S.M. SIKRI, A.N. RAY, M. HAMEEDULLAH BEG (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Transfer of Property Act Section 52; Limitation Act
Headnote
Transfer of Property Act 4 of 1882-S. S2-Doctrine of /is pendens, applicabilicy of-Sale during pendency ..r suit, "'.hen invalid-Doctrine wh~ ther applies to voluntary sales-Whether appllf'S to sale under Land lm­ pr()Yetnent Loan.s Ac1 19 of 1883. Madras High Court Appeilate Side Rules, suit· for partition of properties men· tionefii in Schedule B to the plaint belon'ging to· the joint family of which the first defendant (plaintiff's brother) was the Karta. After the filine of the suit the first defendant and his sons made a voluntary sale of .some of the
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