AIR 2009 SUPREME COURT 2735 ::2009 AIR SCW 4365 ::2009 (5) AIR Bom R 124 ::(2009) 108 RevDec 772 ::(2009) 107 RevDec 780 ::(2009) 2 CLR 244 (SC) ::(2009) 2 All RentCas 655 ::(2009) 4 CivilCourtC 259 ::2009 (7) SCC 444 ::(2009) 8 Scale 654 ::(2009) 3 Cal HN 107 ::(2009) 4 All WC 3665 ::(2009) 5 Bom CR 290 ::(2010) 1 Guj LR 235 ::(2009) 76 All LR 165 ::(2009) 4 MPLJ 597 ::(2009) 5 Mad LJ 847 ::(2009) 6 Mah LJ 886 ::(2009) 79 AllIndCas 93 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Mukundakam Sharma, B. S. Chauhan , JJ

Transfer of Property Act (4 of 1882) , S.54— Purchase of undivided share of co-sharer - Right of purchaser to claim possession. A purchaser cannot have a better title than what vender had. An undivided share of co-sharer may be a subject matter of sale, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of the Court. Where the purchaser had purchased only undivided share in the suit property he could not own and claim for more than the share of the vendor in the property nor he could claim possession in respect of the entire property. He cannot claim relief on the ground of equity, as he himself is responsible for his act in purchasing undivided share in a part of the suit property without the knowledge and consent of the co-sharer. The land in question being extremely valuable the question of equity does not arise as it would amount to doing injustice to one having title and ownership.