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october 2010

Supreme Court of India · 2010-10-08

HAR NARAIN (D) BY LRS. vs MAM CHAND (D) BY LRS. .

Citation / case number
SC 2002/24494
Court
Supreme Court of India
Petitioner
HAR NARAIN (D) BY LRS.
Respondent
MAM CHAND (D) BY LRS. .
Author
B.S. CHAUHAN
Bench
P. SATHASIVAM,B.S. CHAUHAN, , ,

Judgment text excerpt

The Supreme Court upheld the decisions of the lower courts, affirming that the doctrine of lis pendens does not apply as the sale deed in favor of the subsequent purchasers was executed before the filing of the suit, despite its later registration. The Court referenced Section 151 of the Code of Civil Procedure, 1908, in relation to the recall of the High Court's judgment. The Court concluded that the appellant's claim for specific performance was untenable due to the bona fide nature of the subsequent purchasers' transaction.

HAR NARAIN (D) BY LRS. vs MAM CHAND (D) BY LRS. . · Niyam