VidhiSangh

Supreme Court of India · 14/10/2024

SHINGARA SINGH versus DALJIT SINGH & ANR

[2024] 10 S.C.R. 901 · 2024 INSC 770

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Summary

The Supreme Court upheld a High Court decree for specific performance of a 1990 agreement to sell land. The owner sold the land to the appellant during the pendency of the purchaser's suit, so the sale was hit by lis pendens under Section 52 of the Transfer of Property Act, 1882, and the appellant's plea of being a bona fide purchaser was irrelevant. The First Appellate Court also could not reverse the trial court's finding that the agreement was not collusive when the defendants had filed no cross-appeal or cross-objection.

Issues

  1. Whether a sale deed executed by the vendor in favour of a third party after the suit for specific performance was filed is hit by the doctrine of lis pendens, regardless of the transferee's good faith or lack of notice.
  2. Whether the First Appellate Court could hold the agreement collusive when the trial court's finding on that issue was not challenged by cross-appeal or cross-objection.
  3. Whether the High Court in second appeal was justified in setting aside the concurrent refusal of specific performance.

Provisions considered

Held

Result

Appeal dismissed; the High Court's judgment decreeing specific performance of the agreement dated 17.08.1990 was affirmed; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 901.