Property lawLis pendensSupreme Court of India

Jayaram Mudaliar v Ayyaswami

(1972) 2 SCC 200; AIR 1973 SC 569; (1973) 1 SCR 13919721 min read
The case in brief30-second read
Facts
A partition suit over joint family land was filed on 23 June 1958 (by a pauper application). During the suit, a co-defendant sold some of the land to Jayaram by deed of 7 July 1958. Other land was sold to him in 1960 at a revenue auction to recover loans under the Land Improvement Loans Act, 1883.
Issue
Does S.52 bind a buyer without notice, and does it apply to a revenue sale?
Held
Lis pendens is based on public policy, to stop parties from defeating the court's control over property in suit. It does not depend on notice, so the voluntary sale was subject to the partition decree.
Principle
S.52 TPA rests on public policy, not notice: a voluntary transfer of joint property during a partition suit is subject to the decree even if the buyer had no notice; lis pendens does not displace pre-existing charges, so a revenue sale enforcing a prior statutory charge is protected for the land charged.
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Facts

  • A partition suit over joint family land was filed on 23 June 1958 (by a pauper application).
  • During the suit, a co-defendant sold some of the land to Jayaram by deed of 7 July 1958. Other land was sold to him in 1960 at a revenue auction to recover loans under the Land Improvement Loans Act, 1883.
  • The plaintiff said both sales were hit by lis pendens.

Issue

  1. Does S.52 bind a buyer without notice, and does it apply to a revenue sale?

Held

  • Lis pendens is based on public policy, to stop parties from defeating the court's control over property in suit. It does not depend on notice, so the voluntary sale was subject to the partition decree.
  • Lis pendens does not wipe out pre-existing rights. The loan created a statutory charge before the suit, so the revenue sale stands for the land on which the loan was taken. The trial court must allot that land to the borrower's share.
  • The appeal was dismissed.

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Citation

Jayaram Mudaliar v Ayyaswami (1972) 2 SCC 200; AIR 1973 SC 569; (1973) 1 SCR 139

Reported: https://api.sci.gov.in/jonew/judis/6835.pdf ; https://indiankanoon.org/doc/1690960/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.