Partition suit -- Permission to sell portion of land of particular share - Court can permit petitioner to sell portion of his share for meeting his urgent expenses of treatment of his daughter during pendency of suit if petitioner as well as respondents are having equal share which is not objected by any of the parties - Such alienation would not be hit by S.52 of T.P..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - There cannot be unilateral cancellation of sale deed...........
Transfer of Property Act, 1882, Section 54 -- Sale - Where a vendor sells his right, title and interest in the land unless expressly or impliedly provided in the agreement, sale of land would also include trees standing thereon...........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - After purchasing the property of co-owners, purchaser has to file suit for general partition as per S.44 of the Act - Such suit is not filed by plaintiff for partition and therefore, question of encroachment on the part of defendants in the suit property does not arise - Order of first appellate Court..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Purchaser of property sold during pendency of suit would be bound by decree irrespective of the fact whether he was later on impleaded as a party or not - However, he cannot claim that he is a necessary party in the pending suit...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - If any sale deed has been executed during pendency of suit and even if there was no temporary injunction order, still the said sale deeds would be subject to provisions of S.52 of the Act...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - A person claiming title on the basis of a sale deed needs to prove the title of his vendor...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Once vendor claimed that property in question was lying vacant for last 14 years there was no question of delivery of physical possession to plaintiff/vendee - Thus, mere registration of sale deed could not be relied upon to show that possession had passed to plaintiff...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer of suit property pendente lite is not void ab initio, as it remains subservient to pending litigation - Purchaser of any such property takes bargain subject to rights of plaintiff in pending suit...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Doctrine of lis pendens as provided u/s 52 of the Act does not render all transfers pendente lite to be void ab-initio, it merely renders rights arising from such transfers as subservient to the rights of parties to the pending litigation and subject to any direction that Court may pass thereunder...........
