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april 2013

Supreme Court of India · 2013-04-18

JEHAL TANTI vs NAGESHWAR SINGH(D) THR. LRS.

Citation / case number
SC 2008/1476
Court
Supreme Court of India
Petitioner
JEHAL TANTI
Respondent
NAGESHWAR SINGH(D) THR. LRS.
Author
G.S. SINGHVI
Bench
SHARAD ARVIND BOBDE G.S. SINGHVI

Judgment text excerpt

The Supreme Court upheld the decision of the Patna High Court, affirming the lower appellate court's ruling that the sale deed dated 9.11.1973 executed by Bhuneshwar Tanti was valid despite a prior injunction order from 1971. The Court clarified that the injunction did not survive after the suit was returned for presentation in a competent court, and thus the sale deed was not affected by the doctrine of lis pendens. The appeal was dismissed, confirming the plaintiffs' ownership of the property based on the sale deed.

JEHAL TANTI vs NAGESHWAR SINGH(D) THR. LRS. · Niyam