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december 1982

Supreme Court of India · 1982-12-03

KHEMCHAND SHANKAR CHOUDHARYAND ANOTHER vs VISHNU HARI PATIL AND OTHERS

Citation / case number
SC 1982/63924
Court
Supreme Court of India
Petitioner
KHEMCHAND SHANKAR CHOUDHARYAND ANOTHER
Respondent
VISHNU HARI PATIL AND OTHERS
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that under Section 54 of the Code of Civil Procedure, a transferee pendente lite has the locus standi to seek equitable partition of property. The Court clarified that Section 52 of the Transfer of Property Act allows a transferee to exercise the rights of the transferor, thus enabling them to claim equitable partition. The appeals were allowed, overturning the lower courts' decisions that denied the appellants' claims based on their absence from the original decree.

KHEMCHAND SHANKAR CHOUDHARYAND ANOTHER vs VISHNU HARI PATIL AND OTHERS · Niyam