Supreme Court of India · 2008-05-01
GURUSWAMY NADAR vs P. LAKSHMI AMMAL (D) BY LRS. .
- Citation / case number
- SC 2000/19960
- Court
- Supreme Court of India
- Petitioner
- GURUSWAMY NADAR
- Respondent
- P. LAKSHMI AMMAL (D) BY LRS. .
- Bench
- A.K.MATHUR & LOKESHWAR SINGH PANTA
Judgment text excerpt
The Supreme Court held that Section 52 of the Transfer of Property Act, 1882, which addresses the principle of lis pendens, applies to the case where a suit for specific performance is pending. The Court affirmed that a subsequent purchaser, who acquires property after the filing of a suit, cannot claim superior rights over the original agreement to sell, as established under Section 19 of the Specific Relief Act, 1963. The appeal was dismissed, upholding the decree for specific performance in favor of the original plaintiff.