RAJENDER SINGH & ORS. versus SANTA SINGH & ORS.

RAJENDER SINGH & ORS. versus SANTA SINGH & ORS.

The doctrine of lis pendens under Section 52 of the Transfer of Property Act does not suspend or arrest the running of the statutory period of limitation for adverse possession during the pendency of a suit, and Banjar land is capable of adverse possession. The suit is therefore barred by limitation as per Article 142 of the Limitation Act, and the plaintiffs’ title cannot be revived or claimed based on lis pendens.

Parties
Appellant: Rajender Singh; Respondent: Santa Singh; Respondent: Respondent No. 15
Jurisdiction
India
Judgment Date
16 August 1973
Procedural Posture
Civil Appeal / Final Decision on Appeal From Punjab High Court
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Limitation, Lis Pendens
Property Law Civil Procedure Adverse Possession Limitation Lis Pendens

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Parties

Rajender Singh

Appellant

Santa Singh

Respondent

Respondent No. 15

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal From Punjab High Court

Legal Issues

  1. 1 Whether the doctrine of lis pendens under Section 52 of the Transfer of Property Act arrests the running of limitation during pendency of suit
  2. 2 Whether Art. 142 of the Limitation Act bars the suit
  3. 3 Whether Banjar land is capable of adverse possession

Ratio Decidendi

The doctrine of lis pendens under Section 52 of the Transfer of Property Act does not suspend or arrest the running of the statutory period of limitation for adverse possession during the pendency of a suit, and Banjar land is capable of adverse possession. The suit is therefore barred by limitation as per Article 142 of the Limitation Act, and the plaintiffs’ title cannot be revived or claimed based on lis pendens.

Court Disposition

Appeal dismissed

Orders

  • Judgment and decree of Punjab High Court affirmed
  • Application seeking permission to introduce additional questions in respect of Banjar land dismissed