EXAMINING THE DOCTRINE OF LIS PENDENS IN LAND DISPUTES

by Nancy Sharma | Oct 17, 2024

ASPECTS	DETAILS
Case Title	Shingara Singh vs. Daljit Singh & Anr.
Introduction	The appeal is filed by the defendant against a High Court judgment allowing specific performance of an agreement to sell land, reversing the Trial Court and First Appellate Court judgments that granted only a recovery of Rs. 40,000 with interest.
Factual Background	The plaintiff filed a suit for specific performance of an agreement to sell dated 17.08.1990 for land, after the defendant failed to execute the sale deed by the agreed date of 30.11.1992. The defendant sold the land to a third party during the suit.
Legal Issues	Whether the agreement was fraudulent or fabricated. Whether the sale to the second defendant (Shingara Singh) is valid under the doctrine of lis pendens.
Applicable Law	Specific Relief Act, 1963 Section 52 of Transfer of Property Act, 1882 (Doctrine of lis pendens)
Analysis	The courts initially found the agreement valid but denied specific performance, claiming the second defendant was a bona fide purchaser. The High Court applied the doctrine of lis pendens, stating the sale to the second defendant was invalid during the suit.
Conclusion	The High Court’s decree of specific performance was affirmed, dismissing the appeal. The doctrine of lis pendens prevents the second defendant’s purchase from being valid during the pending suit.
Current Scenario	The Supreme Court upheld the High Court’s decision, affirming the specific performance decree, and dismissed the appeal on 14 October 2024.

CASE SUMMARY – In this case, the plaintiff sought specific performance of an agreement to sell land, but the land was sold to another party during the pendency of the suit. The Trial and First Appellate Courts denied specific performance, ruling the second defendant as a bona fide purchaser. However, the High Court applied the doctrine of lis pendens, ruling that the sale to the second defendant was invalid. The Supreme Court affirmed the High Court’s decree for specific performance, stating that sales during the pendency of litigation are void under lis pendens.

“The doctrine of lis pendens prohibits a party from dealing with the property that is the subject matter of a suit, ensuring that rights under a decree are not prejudiced by transactions during litigation.”– SUPREME COURT OF INDIA

SOURCE – SUPREME COURT OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.