RAKESH GOYAL S/O SHRI OMPRAKASH GOYAL Vs. PUSHPA GUPTA W/O LATE SHRI NIRAJ GUPTA
LAWS(RAJ)-2018-7-113
HIGH COURT OF RAJASTHAN
Decided on July 26,2018

Rakesh Goyal S/O Shri Omprakash Goyal Appellant
VERSUS
Pushpa Gupta W/O Late Shri Niraj Gupta Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) Heard learned counsel for the parties on leave to appeal filed by the applicant.
(2.) It is, inter alia, indicated in the application that respondent Nos.1 to 4 filed a suit for partition and injunction against respondent Nos.5 to 8 regarding the suit property. The suit was filed on 02.07.2013. Prior to the said date on 26.06.2013 the property in question had already been transferred by Smt. Laxmi Devi - respondent No. 5 to three persons viz. Rajat Munjal, Gulshan Kumar and Amit Kumar. Before the trial court, while respondent Nos. 6 and 8 did not appear, the suit was contested by respondent Nos. 5 and 7, however, the fact of transfer of the property was apparently not disclosed. Whereafter, three purchasers of the property transferred the suit property to the appellant on 15.01.2014 by a registered sale deed and since then the appellant is in possession of the suit property.
(3.) It is submitted that the suit filed by the plaintiffs has been decreed by the trial court vide its judgment and decree dated 10.01.2018 by way of a preliminary decree for partition holding that the plaintiffs had 1/5th share in the suit property and further an injunction has also been granted. It is submitted that the applicant-appellant is a bona fide purchaser of the suit property and, therefore, leave may be granted.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.