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april 1997

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.

DHANNA SINGH vs BALJINDER KAUR · Niyam