Supreme Court of India · 2007-02-02
HARDEV SINGH vs GURMAIL SINGH (DEAD)BY LRS.
- Citation / case number
- SC 1999/12664
- Court
- Supreme Court of India
- Petitioner
- HARDEV SINGH
- Respondent
- GURMAIL SINGH (DEAD)BY LRS.
- Author
- S.B. Sinha
- Bench
- MARKANDEY KATJU S.B. SINHA
Judgment text excerpt
The Supreme Court interpreted Section 43 of the Transfer of Property Act, 1882, in the context of a dispute over property ownership following a transfer made during the pendency of a suit. The Court held that the doctrine of lis pendens applies, preventing the transfer of property while litigation is ongoing, thus upholding the Appellate Court's decision that Udham Kaur was the rightful owner despite the subsequent sale by Harcharan Singh. The Court clarified that the bona fide purchaser's claim was not substantiated, affirming the lower courts' rulings.