Supreme Court · 2010 INSC 863 · Decided 8 December 2010
T.G. Ashok Kumar v. Govindammal and ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 863 · [2010] 14 S.C.R. 560
- Case number
- CIVIL APPEAL No. 10325/2010
- Decided
- 8 December 2010
- Bench
- R.V. RAVEENDRAN, A.K. PATNAIK (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Transfer of Property Act Section 52; Registration Act
Headnote
Transfer of Property Act, 1882: s. 52 - Transfer of property by a defendant pending a partition suit - Partition suit found C to be not collusive - Decree in partition suit - In terms of decree, the pendente lite transferor found to have only half share in the property and she was allotted only by the transferee - Suit by transferee for declaration of title and permanent injunction in regard to D transferred property- Courts below dismissed the suit - Held: Suit ought not to have been dismissed in entirety even if the sale was hit by the Doctrine of /is pendens - Transferee's title
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