K.S. Sunil Gupta Vs. Bhavani Shetty and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1143974
CourtKarnataka High Court
Decided OnMar-05-2014
Case NumberW.P. No. 5385 of 2012 (GM-CFC)
JudgeN. KUMAR
AppellantK.S. Sunil Gupta
RespondentBhavani Shetty and Another
Excerpt:
(prayer: this writ petition is filed under articles 226 and 227 of the constitution of india praying to quash the order dtd. 16.1.12 passed by the v addl. city civil judge at bangalore, in os no.9363/2004 passed on ia no.8 vide annex-c, according to law.) 1. the plaintiff has filed this writ petition challenging the order passed by the trial court dismissing the application for impleadment of the proposed defendant on the ground that the gift deed in her favour is hit by the doctrine of lis pendens under section 52 of the transfer of property act. 2. plaintiff has filed the suit for specific performance of the agreement of sale dated 31.3.1995 against the defendant. the suit was filed on 17.12.2004. the plaintiff was not aware of the fact that the defendant had gifted the property in favour of the impleading applicant under a registered gift deed dated 30.7.2002. on coming to know of the same an application was filed to implead. the trial court has rejected the same on the ground that it is hit by section 52 of the transfer of property act. 3. if the aforesaid dates are taken into consideration, the gift deed has been executed prior to the filing of the suit. even jf section 52 of the transfer of property act is applied, if a gift deed is made subsequent to the purchase, the applicant cannot be refused to come on record as he would be the person who will be ultimately affected by the decree to be passed, hi that view of the matter, the order passed by the trial court cannot be sustained. hence, i pass the following order : - (i) writ petition is allowed. (ii) the impugned order is hereby set aside. (iii) application for impleadment-ia viii is allowed.
Judgment:

(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Order Dtd. 16.1.12 Passed By The V Addl. City Civil Judge At Bangalore, In Os No.9363/2004 Passed On Ia No.8 Vide Annex-C, According To Law.)

1. The plaintiff has filed this Writ Petition challenging the order passed by the trial Court dismissing the application for impleadment of the proposed defendant on the ground that the gift deed in her favour is hit by the doctrine of lis pendens under Section 52 of the Transfer of Property Act.

2. Plaintiff has filed the suit for specific performance of the agreement of sale dated 31.3.1995 against the defendant. The suit was filed on 17.12.2004. The plaintiff was not aware of the fact that the defendant had gifted the property in favour of the impleading applicant under a registered gift deed dated 30.7.2002. On coming to know of the same an application was filed to implead. The trial Court has rejected the same on the ground that it is hit by Section 52 of the Transfer of Property Act.

3. If the aforesaid dates are taken into consideration, the gift deed has been executed prior to the filing of the suit. Even jf Section 52 of the Transfer of Property Act is applied, if a gift deed is made subsequent to the purchase, the applicant cannot be refused to come on record as he would be the person who will be ultimately affected by the decree to be passed, hi that view of the matter, the order passed by the trial Court cannot be sustained. Hence, I pass the following order : -

(i) Writ Petition is allowed.

(ii) The impugned order is hereby set aside.

(iii) Application for impleadment-IA VIII is allowed.