Sale of property during pend ency of appeal
Rajeev kulshreshtha
(Querist) 26 March 2012
This query is : Resolved
We filed a suit for declaration & Partition against Father claiming the property ancestral.The suit was dismissed by lower court and we have filed an Appeal before appellate court.We have got stay order in favour of appellant also. The respondent has sold the entire land in pend ency of appeal. My query is that what action we can take against the respondent and purchaser?
adv. rajeev ( rajoo )
(Expert) 27 March 2012
They are necessary parties to an appeal. You file an application u/o 1 rule 10 of cpc to impleade them as parties.
R.Ranganathan
(Expert) 27 March 2012
No need of impleading the purchaser in appeal. Purchasers Beware maxim applies to such Purchasers who purchase the property without following the rules of law. If in the appeal the appellant gets a favourable decree then he can execute the decree and recover the land from the Purchaser.
Adv.R.P.Chugh
(Expert) 27 March 2012
An Appeal is a continuation of the suit. If in disregard of a stay order, the respondent has alienated the property. Move an application u/o 39 R2A/Civil Contempt Application. However notwithstanding this the transaction holds good as a lis pendens transfer (S.52 TPA).
The subsequent transferee holds the property subject to the result of the litigation - if you win you can claim it from the subsequent purchaser.
Raj Kumar Makkad
(Expert) 27 March 2012
You can move a petition under order 39 Rule 2A against the seller who has violated the stay order and can seek cancellation of the sale deed.
venkatesh Rao
(Expert) 27 March 2012
Both Bharath and Makkad are right. Follow their advice. In my opinion, the purchaser should be made a party to the appeal. The maxim buyer beware will not apply with strict rigor to the purchaser in this case because property records do not show about staying of sale-able interest of the seller. The stay granted is between parties and not in rem.
