SHINGARA SINGH versus DALJIT SINGH & ANR

SHINGARA SINGH versus DALJIT SINGH & ANR

The agreement to sell was proved and the sale deed to defendant no.2 was executed on 08.01.1993 during the pendency of the suit filed on 24.12.1992; therefore Section 52 of the Transfer of Property Act (doctrine of lis pendens) applies, rendering the subsequent sale ineffective and justifying the High Court's decree for specific performance.

Parties
Appellant / Defendant No.2: Shingara Singh; Respondent / Plaintiff: Daljit Singh; Defendant No.1: Janraj Singh
Jurisdiction
India
Judgment Date
14 October 2024
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed; High Court judgment affirmed.
Legal Topics
Section 52 Lis Pendens, Specific Performance, Agreement to Sell, Sale Deed, Bona Fide Purchaser, Fraud and Collusion, Cross Appeal, Pendency of Suit
Transfer of Property Act Specific Relief Act Civil Procedure Section 52 Lis Pendens Specific Performance Agreement to Sell Sale Deed Bona Fide Purchaser +3 more

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Parties

Shingara Singh

Appellant / Defendant No.2

Daljit Singh

Respondent / Plaintiff

Janraj Singh

Defendant No.1

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Applicability of doctrine of lis pendens under Section 52 of the Transfer of Property Act to a sale executed during the pendency of the suit
  2. 2 Whether defendant no.2 is a bona fide purchaser entitled to protection
  3. 3 Whether the High Court was justified in setting aside concurrent findings of the Trial Court and First Appellate Court and decreeing specific performance

Ratio Decidendi

The agreement to sell was proved and the sale deed to defendant no.2 was executed on 08.01.1993 during the pendency of the suit filed on 24.12.1992; therefore Section 52 of the Transfer of Property Act (doctrine of lis pendens) applies, rendering the subsequent sale ineffective and justifying the High Court's decree for specific performance.

Court Disposition

Appeal dismissed; High Court judgment affirmed.

Orders

  • Appeal dismissed
  • Judgment and decree of the High Court dated 06.04.2018 in RSA No. 4466 of 2010 affirmed