VidhiSangh

Supreme Court of India · 03/05/2024

CHANDER BHAN (D) THROUGH LR SHER SINGH versus MUKHTIAR SINGH & ORS.

[2024] 5 S.C.R. 1148 · 2024 INSC 377

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Summary

Transfers after institution of the purchaser’s injunction suit could not defeat his prior sale agreement and specific-performance claim. Lis pendens operated from presentation of the plaint, making the exact timing of the same-day injunction and release deed immaterial. Later purchasers could not rely on ignorance of the injunction or property improvements to defeat the claimant. The High Court’s refund-only relief was reversed and the specific-performance decree restored.

Issues

  1. Whether pendente lite transfers defeated the prior purchaser’s specific-performance rights.
  2. Whether later purchasers could claim bona fide protection without knowledge of the injunction.
  3. Whether subsequent improvements supplied a compensable property claim.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and specific-performance decree restored. Vendor to accept Rs.5.5 lakh balance and perform the sale agreement within three months.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 1148.