Rajender Singh and Ors. Vs. Santa Singh and Ors. 1973

Petitioner/Appellant/Plaintiff-: Rajendra Singh & Ors.

Respondent/Defendant-: Santa Singh & Ors.

Decided On-: 16.08.1973

Statute - Section 52 of the Transfer of Property Act

Facts:

The case of Rajender Singh and Ors. vs. Santa Singh and Ors. was heard in the Supreme Court of India on 16th August 1973. The dispute centered around the ownership of a piece of land, with the Plaintiffs claiming rights based on a 1935 gift by Smt. Malan to them and Smt. Khemi. Smt. Khemi, before her demise in 1944, also gifted her share to the Plaintiffs. Legal proceedings initiated by the Defendants in 1940 led to a dispute over mutation, resolved in favor of the Plaintiffs by the Punjab High Court in 1958.

Issue:

The pivotal issue in the case was whether the doctrine of lis pendens, as per Section 52 of the Transfer of Property Act, could suspend the running of the limitation period during the pendency of the Defendants' suit.

Judgment:

The Supreme Court's judgment, rendered after considering the lower courts' factual findings, acknowledged that the Defendants' adverse possession commenced during the pendency of their suit. However, it held that the doctrine of lis pendens, found in Section 52 of the Transfer of Property Act, allowed the Plaintiffs to exclude the time during which the Defendants' 1940 lawsuit was pending. This exclusion served as a protective measure against adverse possession claims, preserving the Plaintiffs' rights until the High Court's decision on November 21, 1958.

Rationale:

The rationale behind the judgment was to harmonize legal principles related to adverse possession, lis pendens, and the statute of limitations. Recognizing that lis pendens could safeguard the Plaintiffs' rights during the pendency of the Defendants' suit, the judgment emphasized the equitable purpose of the statute of limitations—to prevent unjust deprivation of established rights and maintain a balance in the application of legal doctrines.