REGENT COMPUTRONICS PVT. LTD.

Rameshwar Jat Appellant

V/S

Anchi Devi Jat And Ors. Respondents

Referred Judgements :-

JITENDRALAL DATTAROY V. BHARAT LOAN CO.,LTD. [REFERRED TO]
CHACKO PYLL V. IYPE VARGHESE [REFERRED TO]
BAMHISSENDAS V. BINJRAJ [REFERRED TO]
JETHANAND V. JOINT HINDU FAMILY OF UDHO DAS [REFERRED TO]
MURUGAPPA NAICKER V. THAYAMMAL [REFERRED TO]
SUNDERBAI V. COLLECTOR,BALGAUM [REFERRED TO]
CHOTHY THEYYATHAN V. JOHN THOMAS [REFERRED TO]
FORBESGANJ JAGDISH MILL LTD. V. KALORAM [REFERRED TO]
JAGDISH CHANDRA SINHA V. MAHARAJADHIRAJ DR. SIR KAMESHWAR SINGH BAHADUR [REFERRED TO]
OM SARUP NAND LAL V. GUR NARAIN [REFERRED TO]
SHANKARRAO GOINDRAO NAIK V. KISANLAL NAGARMAL [REFERRED TO]
YUSUF V. JYOTIS CHANDRA [REFERRED TO]
JATAN KUMAR GOLCHA VS. GOLCHA PROPERTIES P LTD [REFERRED TO]
STATE OF PUNJAB NOW HARYANA VS. AMAR SINGH [REFERRED TO]
BECHAN PANDEY VS. DULHIN JANKI DEVI [REFERRED TO]
K KRISHNA REDDY SPECIAL DEPUTY COLLECTOR LAND ACQUISITION UNIT II LMD KARIM NAGAR ANDHRA PRADESH VS. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION UNIT II LMD KARIM NAGAR ANDHRA PRADESH:K KRISHNA REDDY [REFERRED TO]
KOYAPPATHODI M AYISHA UMMA VS. STATE OF KERALA [REFERRED TO]
DHANNA SINGH VS. BALJINDER KAUR [REFERRED TO]
NARBADA DEVI GUPTA VS. BIRENDRA KUMAR JAISWAL [REFERRED TO]
BIBI ZUBAIDA KHATOON VS. NABI HASSAN SAHEB [REFERRED TO]
RAJ KUMAR VS. SARDARI LAL [REFERRED TO]
SUBRAMANIA GURUKKAL VS. ARULMIGHU THIRURNALESWARASWAMY DEITY [REFERRED TO]
KRISHNASAMI PANDIKONDAR VS. RAMASAMI CHETTIAR [REFERRED TO]

JUDGEMENT

(1.) By order dated 29th July, 2011, the Additional District Judge No. 1, Sikar, while allowing the appeal of the non-appellants No. 1 to 4, remanded the matter to the trial Court for decision afresh impleading the non-appellants No. 1 to 4, as a party to the suit proceedings, who were not impleaded as party defendant.

(2.) Briefly, the essential skeletal material facts necessary for appreciation of the controversy are that the plaintiff-appellant-Rameshwar, instituted suit proceedings on 25th October, 2005, impleading non-appellant No. 5-Anchi Devi, Subhash and other non-appellants No. 7 to 11, for declaration of right of way and permanent injunction. Non-appellants No. 1 to 4 were not impleaded as party to the suit proceedings. It is pleaded case of the plaintiff-appellant that temporary injunction was granted on 28th March, 2006, against non-appellants No. 5 and 6 by the trial Court. Pending the proceedings before the trial Court, non-appellants No. 1 to 4 purchased the subject land from non-appellants No. 5 and 6 on 7th December, 2006, without permission of the trial Court and without knowledge of the plaintiff-appellant contrary to the mandate of section 52 of the Transfer of Property Act, 1882 (for short, 'the Act of 1882). The trial Court decreed the suit vide judgment and decree dated 29th May, 2010; with a declaration and an order of permanent injunction against non-appellants No. 5, and 6 and in favour of the plaintiff-appellant.

(3.) Learned counsel for the appellant, reiterating the pleaded facts and grounds of the memo of appeal, asserted that the rights of the plaintiff-appellant could not be transferred pending the suit proceedings in the face of contemplation under Section 52 of the Act of 1882.

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RAMESHWAR JAT Vs. ANCHI DEVI JAT AND ORS.

Referred Judgements :-

JUDGEMENT

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