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Transfer of property made in violation of injunction order i

Transfer of property made in violation of injunction order is valid

 
There is, therefore, little room for any doubt that the transfer of the suit property pendete lite is not void ab initio and that the purchaser of any such property takes the bargain subject to the rights of the plaintiff in the pending suit. Although the above decisions do not deal with a fact situation where the sale deed is executed in breach of an injunction issued by a competent Court, we do not see any reason why the breach of any such injunction should render the transfer whether by way of an absolute sale or otherwise ineffective. The party committing the breach may doubtless incur the liability to be punished for the breach committed by it but the sale by itself may remain valid as between the parties to the transaction subject only to any directions which the competent Court may issue in the suit against the vendor.


Supreme Court of India
Thomson Press (India) Ltd. vs Nanak Builders & Investrs.P.Ltd & ... on 21 February, 2013

https://www.lawweb.in/2013/08/transfer-of-property-made-in-violation.html



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