Headline
The Supreme Court of India upholds the Pendente Lite Transferee Right to Challenge Dispossession.
Summary
The Supreme Court of India ruled that under Order 21 Rule 99 of the Code of Civil Procedure, 1908 (CPC),a pendente lite transferee (a buyer during litigation) can challenge dispossession.The bench held that even if to the original suit the transferee was not a party, they have the right to seek re-delivery of property.
Key Facts
- Case Name: Renjith K.G. & Others vs. Sheeba
- Judges Name: Justice Pankaj Mithal and Justice R. Mahadevan
- The predecessor of the respondent, Mr. Raghuthaman, bought property during litigation but was not involved in the original suit.
- The appellants argued that, as a pendente lite transferee,Mr.Raghuthaman lacked the right to challenge his dispossession.
- The Supreme Court dismissed this argument and affirmed his right to file an application under Order 21 Rule 99 of Civil Procedure Code (CPC).
Legal Insights
The judgment sheds light that under Order 21 Rule 99 of Civil Procedure Code (CPC), a person not party to a suit can challenge dispossession and claim independent ownership claims. It also validates that such cases must be resolved under Order 21 Rule 101 CPC, barring separate suits.
Impact
This ruling gives clarity on the rights of pendente lite transferees, by making sure that legal remedies against wrongful dispossession during the execution of decrees.
Why It Matters
The decision provides protection for property buyers during litigation and simplifies legal procedures by requiring courts to resolve ownership disputes without new suits.
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