judge N.Sathiskumar /This Court is of the view that unless there is anorder of injunction, mere pendency of the suit will not be a bar for transaction,however, the same is subject to the result of the suit. Similarly, it cannot besaid that undivided share cannot be sold. Section 44 of the Transfer ofProperty Act envisages transfer by one co-owner in respect of the undividedshare. In such view of the matter, the refusal slip cannot be sustained in law.
[22/05, 08:44] sekarreporter1: This Court is of the view that unless there is an
order of injunction, mere pendency of the suit will not be a bar for transaction,
however, the same is subject to the result of the suit. Similarly, it cannot be
said that undivided share cannot be sold. Section 44 of the Transfer of
Property Act envisages transfer by one co-owner in respect of the undivided
share. In such view of the matter, the refusal slip cannot be sustained in law.
- Accordingly, this Writ Petition is allowed and the refusal slip of the
third respondent dated 02.03.2024 stands quashed and the third respondent is
directed to register the sale deed dated 12.03.2024 presented by the petitioner
within a period of one month from the date of receipt of a copy of this Order.
No costs.
22.0
[22/05, 08:46] sekarreporter1: This Court is of the view that unless there is an
order of injunction, mere pendency of the suit will not be a bar for transaction,
however, the same is subject to the result of the suit. Similarly, it cannot be
said that undivided share cannot be sold. Section 44 of the Transfer of
Property Act envisages transfer by one co-owner in respect of the undivided
share. In such view of the matter, the refusal slip cannot be sustained in law. - Accordingly, this Writ Petition is allowed and the refusal slip of the
third respondent dated 02.03.2024 stands quashed and the third respondent is
directed to register the sale deed dated 12.03.2024 presented by the petitioner
within a period of one month from the date of receipt of a copy of this Order.
No costs.
22.0
