Supreme Court · 2018 INSC 506 · Decided 11 May 2018
Siddagangaiah (D) THR. LRS. v. N.K. Giriraja Shetty (D) THR. LRS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 506 · [2018] 6 S.C.R. 457
- Case number
- CIVIL APPEAL No. 5007/2018
- Decided
- 11 May 2018
- Bench
- ARUN MISHRA, UDAY UMESH LALIT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Transfer of Property Act Section 52
Headnote
Code of Civil Procedure, 1908: Or.XXI r.90, r/w s.47 - Suit for title and declaration filed on the basis of purchase of suit property from defendant no.1 - Defendant no. 2 who is wife of defendant no. 1 contended that defendant no. 1 could not have sold the suit property to plaintiff on the suit property in a maintenance suit - Her case was that her husband in collusion with the plaintiff orchestrated a nominal and fictitious sale deed and the said sale deed was executed during the pendency of maintenance suit and, thus, was hit by s.52 of TP Act - The said suit
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