AIR 2014 DELHI 111 ::2014 (4) ADR 201

Delhi High Court

Hon'ble Judge(s): Valmiki J. Mehta , J

Transfer of Property Act (4 of 1882) , S.52— Civil P.C. (5 of 1908) , S.11, O.21 R.97, O.21 R.102— Suit for possession - Transfer of property pendente lite - Is void as against successful plaintiff - Decree would bind transferee pendente lite as it binds parties to suit even if transferees are not impleaded in suit - Transferee pendente lite cannot claim protection under S. 52 by raising objections under O. 21, R. 97, CPC. Transferees pendente lite, are not entitled to claim rights in the suit property by claiming to be bona fide purchasers for value without notice, because, there is an absolute bar to transfer of a suit property pendente lite by virtue of Section 52 of the Transfer of Property Act, 1882. Transferees pendente lite, are as much bound by the judgment and decree like the original parties by virtue of Section 11 CPC which says that judgment and decree not only binds the parties to the suit but also all persons who claim through such parties. Of course, if a transferee pendente lite seeks to get impleaded, courts ordinarily allow such impleadment, whether under Order 1, Rule 10 CPC or under Order 22 Rule 10 CPC, but merely because a person did not know of pendency of a suit, and therefore did not or could not seek to be impleaded, cannot mean that the bar of Section 52 of the Transfer of Property Act will not operate. The transferees pendente li....