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february 2007

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.

HARDEV SINGH vs GURMAIL SINGH (DEAD)BY LRS. · Niyam