(A) Res judicata – Maintainability of appeal – Plea that the present appeal is barred by the principle of res judicata – Held: This submission cannot be accepted – the principle of resjudicata applies to the original proceedings and not to the appellate proceedings. (Para 19)
(B) Transfer of Property Act, 1882 – Section 52 – Lis Pendes – Sale during injunction – Validity of – Plea the Sale Deed was executed on 21.06.1991 after the issuance of the injunction order and the same is void – Plea not accepted – Held: The breach of any injunction issued by any competent court would not automatically render the transfer whether by way of an absolute sale or otherwise ineffective. Therefore, the Sale Deed executed in spite of the injunction order is valid. (Para 29, 30)
(C) Transfer of Property Act, 1882 – Section 52 – Compromise – Registration of – Held: By compromise created rights in their favour for the first time and such a compromise was required to be registered. In the absence of the registration, there will not be any valid conveyance of the title in favour of the appellants and the doctrine of lis pendens will not help them. (Para 38)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 280 HP
Smt. Kamla Devi & Others Vs. Munshi Ram (Since Deceased) Through His Lrs & Others
RSA No. No. 574 of 2006-Decided on 30-10-2023.
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