Supreme Court of India · 1973-08-16
RAJENDER SINGH & ORS. vs SANTA SINGH & ORS.
- Citation / case number
- SC 1967/288
- Court
- Supreme Court of India
- Petitioner
- RAJENDER SINGH & ORS.
- Respondent
- SANTA SINGH & ORS.
- Bench
- BEG, M. HAMEEDULLAH
Judgment text excerpt
The Supreme Court held that the doctrine of lis pendens under Section 52 of the Transfer of Property Act does not arrest the running of the period of limitation during the pendency of a suit. The Court clarified that adverse possession can occur even on Banjar land, and the applicability of Article 142 of the Limitation Act necessitates proof of subsisting title. The appeal was dismissed, affirming that the extinction of title during the pendency of a suit does not violate the provisions of the Transfer of Property Act.