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balasubramanyam (practice)     29 November 2024

Civil matter

‘A’ purchased property form ‘X’ and filed suit against ‘B’ for permanent injunction not to interfere with her peaceful possession and enjoyment, while the said suit is pending in the court, ‘A’ sold the property to ‘C’ and not informed the same to court and continued the suit. Subsequently ‘A’ filed petition for amendment of suit for declaration and possession. Then ‘B’ objected for amendment of suit, as she already sold the property to ‘C’ and that ‘A’ has not title for the property. When the petition for amendment is pending in court. 

‘A’ again repurchased the property from ‘C’. Whether the suit filed by ‘A’ against ‘B’ is maintainable, as ‘A’ sold property to ‘C’ during pendency of suit and again repurchased the same from ‘C’ during pendency of suit as cause of action differ?

Are there any decisions of High court of Supreme Court?

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     29 November 2024

The suit is not mainainbale if you prove all the facts with documentary evidences befpre the court.

N.K.Assumi (Advocate)     29 November 2024

Forget about the decision of High Court and Supreme Court. First, get your facts in order.

When A purchased from X. Date, month and year.

When A file suit for permanent injunction against B. -do-

When A sold the property to C. -do-

When B sold the property to C. -do-

When A repurchased the property from C. -do-

balasubramanyam (practice)     30 November 2024

Sir I am furnishing the details

‘A’ purchased property from ‘X’ on 17-02-2014.

‘A’ filed suit for permanent injunction on 04-04-2014.

‘A’ sold property to ‘C’ on 13-12-2017 during pendency of suit.

‘A’ filed petition for amendment of plaint to declare her as absolute owner on 24-07-2024 and it is pending and counter is filed stating that ‘A’ sold property to ‘C’.

‘A’ purchased property from ‘C’ on 05-09-2024.

‘B’ has not sold property to ‘C’ or anybody.

Whether suit for permanent injunction is maintainable?

Whether amendment petition for declaration is maintainable?


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