SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE B.R. GAVAI, HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
SHINGARA SINGH – Appellant
Versus
DALJIT SINGH – Respondent
The doctrine of lis pendens is a fundamental principle in civil law that pertains to the prohibition of alienation or transfer of property during the pendency of a litigation concerning that property. Its primary purpose is to ensure the stability and finality of court decisions by binding subsequent purchasers or transferees to the outcome of the ongoing suit. This doctrine acts as a form of constructive notice to all interested parties that any dealings with the property are subject to the result of the litigation.
According to the legal principles, when a suit involving a property is pending, any transfer or sale of that property made during the course of the litigation is considered null or invalid if it contravenes the doctrine. This is because such transfers are deemed to be made in a context where the rights of the parties are yet to be determined, and allowing them could undermine the court's authority and the finality of its judgment. The doctrine thus prevents parties from circumventing the litigation process through subsequent alienations, ensuring that the property remains subject to the rights and obligations established by the court.
Furthermore, the doctrine of lis pendens applies regardless of whether the subsequent purchaser had actual notice of the pending litigation. It is treated as constructive notice, meaning that any purchaser or transferee is presumed to be aware of the ongoing suit and is bound by its outcome. This principle promotes transparency and fairness in property transactions during litigation, discouraging parties from attempting to manipulate or influence the litigation process through clandestine transfers.
In essence, the doctrine safeguards the integrity of judicial proceedings by preventing parties from alienating property to avoid or influence the litigation's outcome. It emphasizes that the rights of the parties involved in the suit take precedence over subsequent transactions, thereby maintaining the rule of law and ensuring that property rights are settled conclusively through the judicial process.
J U D G M E N T
PRASHANT KUMAR MISHRA, J.
1. The defendant No. 2 in the suit has preferred this appeal challenging the judgment and decree passed by the High Court allowing the appeal preferred by the plaintiff/Daljit Singh to set aside the judgment and decree of the Trial Court and the First Signature Not Verified Digitally signed by D De ae tep :a 2k 0 S 2A4in .g 1h 0.p14pellate Court which concurrently decreed the suit partially Reason:
only for the alternative relief of recovery of Rs. 40,000/- along with interest while dismissing the suit in respect of specific performance of the agreement dated 17.08.1990.
2. The facts of the case emerging from the pleadings of the parties are that plaintiff/Daljit Singh instituted the suit on 24.12.1992 claiming specific performance of the agreement to sell dated 17.08.1990 in respect of the land measuring 79 Kanals 09 marlas @ of Rs. 80,000/- per acre against the payment of earnest money of Rs. 40,000/- and the balance amount of Rs. 7,54,000/- at the time of execution and registration of the sale deed on or before 30.11.1992.
3. According to the plaintiff, he remained present in the office of the Sub-Registrar on 30.11.1992 with the balance sal
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.