2024 (10) TMI 675 - SC - Indian Laws

Suit for partition and separate possession of her share in the plaint schedule 13 items of immovable properties - independent right, title or interest in the property - HELD THAT - Once an application under Order 21 Rule 99 is filed, it is incumbent upon the Trial Court to consider all the rival claims including the right title and interest of the parties under Order 21 Rule 101 which bars a separate suit by mandating the execution court to decide the dispute. As regards the question of limitation for execution of a decree passed in the suit for partition, this Court, in the decision in Chiranji Lal 2005 (5) TMI 689 - SUPREME COURT , has categorically held that the time begins to run from the date of final decree and not from the date on which it is engrossed on the stamp paper. Applying the ratio laid down in Chiranjilal case to the facts of the present case, the High Court rightly set aside the order passed in the Execution Petition and remanded the matter to the trial court for fresh consideration, leaving all the issues including the independent right, title or interest claimed by the respondents in the property in question, to be adjudicated therein - Appeal dismissed.

Issues Involved:
1. Whether the predecessor of the respondents established an independent right, title, or interest in the property.
2. Applicability of the doctrine of lis pendens and rights of a pendente lite transferee.
3. Limitation period for execution of a decree in a partition suit.
4. Rights of third parties under Order XXI Rule 99 of the Civil Procedure Code (CPC).

Issue-wise Detailed Analysis:

1. Independent Right, Title, or Interest in Property:
The appellants contended that the predecessor of the respondents, Raghuthaman, did not establish an independent right, title, or interest in the property. They argued that Raghuthaman was merely a pendente lite transferee, and thus, could not resist the execution of the decree filed by the original plaintiff. The High Court, however, allowed Raghuthaman's legal representatives to raise the question of limitation and remanded the matter for fresh consideration, leaving the question of independent rights to be adjudicated by the trial court.

2. Doctrine of Lis Pendens and Rights of a Pendente Lite Transferee:
The court examined the rights of a pendente lite transferee, noting that such a transferee is not automatically void of rights. The doctrine of lis pendens, as per Section 52 of the Transfer of Property Act, does not render transfers void but makes them subject to the outcome of the pending litigation. The court referenced the case of Yogesh Goyanka v. Govind, which highlighted that subsequent transferees could protect their interests, especially when the transferor may not defend the title adequately. The court emphasized that a pendente lite transferee has the right to defend their interest and can seek redelivery if dispossessed.

3. Limitation Period for Execution of a Decree:
The court addressed the limitation period for executing a decree in a partition suit, referencing the decision in Chiranji Lal v. Hari Das. It was held that the limitation period begins from the date of the final decree, not from the date it is engrossed on stamp paper. The court clarified that the absence of a statutory time limit for furnishing stamp paper does not suspend the limitation period. Therefore, the execution application filed in 1991 was deemed time-barred as it was beyond the 12-year period prescribed under Article 136 of the Limitation Act.

4. Rights of Third Parties under Order XXI Rule 99 CPC:
The court examined Order XXI Rule 99 CPC, which allows third parties dispossessed of immovable property to apply to the court. It was noted that a third party to the decree, such as Raghuthaman, who was dispossessed, could adjudicate his claim of independent right, title, and interest in the property. The court cited Sriram Housing Finance & Investment (India) Ltd. v. Omesh Mishra Memorial Charitable Trust, emphasizing that a third party can approach the court even after dispossession to assert their rights.

Conclusion:
The Supreme Court upheld the High Court's decision to set aside the execution petition order and remand the matter for fresh consideration by the trial court. The court affirmed that all issues, including the respondents' claim of independent rights, should be adjudicated therein. The appeals were dismissed, allowing the appellants to raise all available contentions before the trial court.

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