Lis pendis

Querist : Anonymous (Querist) 19 December 2021 This query is : Resolved
We had filed declaration and permanent injunction suit. Now suit is decreed in our property.

However out of total schdule suit property some portion is sold by defendant during the pendency of the suit and transferree is in possession.

Can we take the possession based on our Declaration suit? or should we file seperate suit against tranferred during the pendency of the suit? if yes, what type of suit we need to file?

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kavksatyanarayana (Expert) 19 December 2021
You shall separate suit against transferred during the pendency of the suit.

Advocate Bhartesh goyal (Expert) 21 December 2021
Yes ,you can take possession on basis of decree as Portion sold by seller during pendency of suit so purchaser is bound by decree. Principle of lis pendence applies in your case.you need not to file separate suit for possession.

Querist : Anonymous (Querist) 24 December 2021
Thanks Bhartesh sir, If there is a construction of house in one of the piece sold by defendant, still we can take possession or should we file seperate suit only against that person who constructed the house . In terms of proportion out total 1 acre decreed in our favour, construction of house has happened only in 2 guntas.

Advocate Bhartesh goyal (Expert) 24 December 2021
You can take possession of constructed house, you need not to file separate suit.

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