In the later judgment of Shingara Singh vs. Daljit Singh & Anr., conveyed on October 14, 2024, the Supreme Court managed with a debate over particular execution of a deal understanding concerning agrarian arrive. The case emerged from an understanding dated August 17, 1990, between Daljit Singh (offended party) and Janraj Singh (respondent No.1), where the previous looked for particular execution of the assention. The offended party fought that he was prepared with the adjust deal sum on the stipulated date, but respondent No.1 fizzled to execute the deal deed.
In this way, on January 8, 1993, amid the pendency of the suit, defendant No.1 sold the same property to Shingara Singh (defendant No.2), provoking the offended party to seek specific execution of the first assention. Both the trial court and the primary re-appraising court rejected the plaintiff's claim for particular execution, administering in favor of defendant No.2, who claimed to be a bona fide buyer without information of the earlier assention.
However, the Supreme Court overruled the conclusions. The Court found that the transaction to Shingara Singh was unlawful under the lis pendens concept, which prohibits the transfer of property rights while a litigation over the same property is pending. The Court stressed that the law of lis pendens applies whether or not the later purchaser was aware of the current case. It further noted that defendant No.2 paid a lower amount for the property than was agreed upon in the initial sale agreement, casting doubt on his bona fide status.
The Court decided that Daljit Singh was entitled to specific performance of the agreement, upholding the High Court's decision to set aside the trial court's ruling.
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TAGS: Supreme Court Shingara Singh vs. Daljit Singh doctrine of lis pendens specific performance property dispute bona fide purchaser sale agreement Transfer of Property Act Section 52.
