RAJU NAIDU VERSUS CHENMOUGA SUNDRA (SUPREME COURT) 2025 INSC 368
| COURT: | Supreme Court |
| JUDGES: | PRASANNA B. VARALE J, SUDHANSHU DHULIA J |
| LEGISLATION(S): | 1882, Section 53A of the Transfer of Property Act |
| COUNSEL: | K. Radhakrishnan, R. Ayyam Perumal |
| FILE: | Click here to download the file in pdf format |
| Protection under Section 53A of the Transfer of Property Act, 1882 is not available to a party possessing a property under part performance of a contract despite being aware of pending litigation. | |
(i) Protection under Section 53A of the Transfer of Property Act, 1882 for a person possessing a property under part performance of a contract, is not available to a party who knowingly entered into the agreement despite the pending litigation. “It is the admitted fact that the Revision Petitioner
having the knowledge of the pendency of the suit, had entered into agreement with the father of the respondent Nos.1 to 8 and he could not have better and valid right over the rights of the original transferer and in that situation, no recourse could have been taken”.
(ii) Courts have uniformly held that the limited rights of the transferee pendent lite on the principle of lis pendens. Such limited rights cannot be stretched to obstruct and resist the full claim of the decree holders to execute the decree in their favour. In fact, the Courts have deprecated such obstruction