Supreme Court of India · 1997-04-04
DHANNA SINGH vs BALJINDER KAUR
- Citation / case number
- SC 1996/79400
- Court
- Supreme Court of India
- Petitioner
- DHANNA SINGH
- Respondent
- BALJINDER KAUR
- Author
- G.B. PATTANAIK K. RAMASWAMY
- Bench
- G.B. PATTANAIK K. RAMASWAMY
Judgment text excerpt
The Supreme Court dismissed the appeal, affirming that under Section 52 of the Transfer of Property Act, a subsequent purchaser cannot lead evidence if the original defendant has forfeited that right by not presenting evidence in a suit for permanent injunction. The Court held that the doctrine of lis pendens applies, preventing the alienation of property during the pendency of litigation. Consequently, the appellant, having stepped into the shoes of the first defendant, was not entitled to present evidence.