Supreme Court of India · 1998-12-02
INDU KAKKAR vs H.S.I.D.C. LTD.&ANR
- Citation / case number
- SC 1998/6298
- Court
- Supreme Court of India
- Petitioner
- INDU KAKKAR
- Respondent
- H.S.I.D.C. LTD.&ANR
- Author
- K.T.THOMAS S.B.MAJMUDAR
- Bench
- K.T.THOMAS S.B.MAJMUDAR
Judgment text excerpt
The Supreme Court upheld the dismissal of the Second Appeal by the High Court, affirming the first appellate court's decision that the Haryana State Industrial Development Corporation acted within its powers to resume the plot allotted to M/s York Printers. The Court found that the petitioner, who acquired rights from the original allottee, lacked standing due to the sale being hit by Section 52 of the Transfer of Property Act, which prohibits transfer of property that is subject to a pending suit. The judgment reinforces the principle that rights acquired during litigation do not confer standing if the original rights are invalidated.