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august 1973

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.

RAJENDER SINGH & ORS. vs SANTA SINGH & ORS. · Niyam