HARDEV SINGH versus GURMAIL SINGH (DEAD) BY LRS.

HARDEV SINGH versus GURMAIL SINGH (DEAD) BY LRS.

The transaction was not void or contrary to law; Section 43 of the Transfer of Property Act applied, and the appellant could not raise the plea as his claim was based on an unproved Will; the principle of feeding the estoppel applies against the original defendant and not his LRs based on a Will not proved.

Parties
Appellant: Hardey Singh; Respondent: Gurmail Singh (Dead) by LRs.
Jurisdiction
India
Judgment Date
02 February 2007
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Transfer of Property, Feeding the Estoppel, Section 43, Section 41, Section 52, Maintenance, Succession
Property Law Transfer of Property Feeding the Estoppel Section 43 Section 41 Section 52 Maintenance Succession

Case Brief

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Parties

Hardey Singh

Appellant

Gurmail Singh (Dead) by LRs.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the respondent is entitled to the benefit of Section 43 of the Transfer of Property Act, 1882, when Section 41 was found inapplicable
  2. 2 Whether the transaction during lis pendens is void or only subject to result of the litigation
  3. 3 Whether the doctrine of feeding the estoppel applies in this case

Ratio Decidendi

The transaction was not void or contrary to law; Section 43 of the Transfer of Property Act applied, and the appellant could not raise the plea as his claim was based on an unproved Will; the principle of feeding the estoppel applies against the original defendant and not his LRs based on a Will not proved.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs, counsel's fee assessed at Rs.5,000/-