Hello All,
I have a typical problem. The itigation is on muslim property. 'A' died leaving behind his only two sons 'B' and 'C'. 'A' filed a partition suit in the year 1979 during the pendency of the suit 'B' sold away all the property and there is no property left over. All the property has been sold by 'B' and the subsequently the purchaseres sold the property to some others.The third parties approached High Court and obtained a direction that the third parties can join the partition suit as parties and High Court has directed that they can join the suit and the decree is binding to them. High Court also dierected the thied parties will get equities only in the share of the 'B'.
Surprisingly 'B' has sold all his property and there is no proprty left over to 'B' which can be alloted to thirdparties. Now can some one suggest me any citations which can protect 'A' from the third parties. It was earlier a agriculture land now the agricuture land is converted in to layout and there is no open space left. Third parties have made constructions in teh said lands.
Appreciate if any one can provide me latest full bench judgements or any citation if any that third parties are hit by lispendency and they can not be entitled for quities.
Please help me by providing any good citations.
Regards,
Rathan Singh
