Supreme Court: S.53A Transfer Of Property Act Protection Not Available If Person Entered Into Agreement Knowing About Pending Litigation

The High Court also dealt with the submissions raised by the learned Counsel for the Appellant qua the applicability of Section 53A of the TP Act. 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. {Para 8}

9. The High Court rightly observed that the 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.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 3616/2024

Decided On: 19.03.2025

Raju Naidu Vs. Chenmouga Sundra and Ors.

Hon'ble Judges/Coram:

Sudhanshu Dhulia and P.B. Varale, JJ.

Author: P.B. Varale, J.

Citation: 2025 INSC 368,MANU/SC/0366/2025.

Read full Judgment here: Click here.

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