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.