Supreme Court of India · 1969-09-05
KADAR NATH LAL vs GANESH RAM .
- Citation / case number
- SC 1964/60003
- Court
- Supreme Court of India
- Petitioner
- KADAR NATH LAL
- Respondent
- GANESH RAM .
- Bench
- HIDAYATULLAH, M. (CJ)
Judgment text excerpt
The Supreme Court held that the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 applies to the case where a mortgage award was pending. The Court ruled that D's purchase of the property during the pendency of the mortgage proceedings was invalid as it was affected by the doctrine of lis pendens, thus the properties remained with the Cooperative Society. The appeal was allowed, affirming the Society's title to the properties.