Khemchand Shankar Choudhary and Another v. Vishnu Hari Patil and Others
Partition – Section 54 CPC – Collector's partition of estates assessed to land revenue – Transferee pendente lite
Case brief
What is this about?
Supreme Court, Venkataramiah J., 03-12-1982, Civil Appeals 3759-3761 of 1982. Keywords: section 54 CPC partition by Collector; lands assessed to land revenue; section 52 Transfer of Property Act lis pendens; transferee pendente lite; purchaser at private sale and court auction during pendency; Order 22 Rule 10 CPC impleadment and hearing of transferee; heir, legatee, official receiver analogy; locus standi before Revenue authorities; equitable partition without reference back to civil court; not ultra vires; set aside of High Court, State Government and Commissioner orders; remand to Collector for fresh partition within six months; no costs; Khemchand Shankar Choudhary v. Vishnu Hari Patil.
What did the court decide?
Appeals allowed; orders of the High Court, the State Government and the Commissioner holding that the appellants had no locus standi set aside; the partition effected by the Collector set aside; case remanded to the Collector to make a fresh partition on an equitable basis in accordance with the decree and the appellants' undisputed rights, expeditiously completed preferably within six months; no costs.