Alka Shrirang Chavan v. Hemchandra Rajaram Bhonsale 2026 INSC 52 - Specific Relief Act - Transfer Of Property Act - Lis Pendens
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Specific Relief Act 1963 -Section 19 ; Transfer of Property Act - Section 52 -Section 19(b) Specific Relief Act would be available to a party to a contract who suffers a subsequent transfer of property -It operates at a stage prior to institution of a suit or proceeding. However, the moment a suit or proceeding is instituted by a party to the contract whereafter there is transfer of the suit property, Section 19(b) of the Specific Relief Act would have to give way to Section 52 of the Transfer of Property Act in which event the doctrine of lis pendens would come into force. (Para 47-50)
Transfer of Property Act - Section 52 - Lis Pendens - Transfer pendente lite is neither illegal nor void ab initio. But it remains subservient to the decree that may be passed by the court. (Para 66)
Limitation Act 1963- Article 129 - Period of limitation of 30 days for filing an application for possession after removing resistance or obstruction to delivery of possession of immovable property decreed or sold in execution of a decree. This period of 30 days is to be counted from the date of resistance or obstruction- Article 134- The period of limitation for delivery of possession by a purchaser of immovable property at a sale in execution of a decree is one year which limitation period would begin to run from the date when the sale becomes absolute. (Para 71)
Case Info
Case Details
- Case name: Alka Shrirang Chavan & Anr. v. Hemchandra Rajaram Bhonsale & Ors.
- Neutral citation: 2026 INSC 52
- Coram: Manoj Misra, J.; Ujjal Bhuyan, J.
- Judgment date: January 12, 2026
Caselaws and Citations
- Thomson Press (India) Ltd. v. Nanak Builders & Investors Pvt. Ltd., (2013) 5 SCC 397.
- Lala Durga Prasad v. Lala Deep Chand, (1953) 2 SCC 509.
- Jayaram Mudaliar v. Ayyaswami, (1972) 2 SCC 200.
- Celir LLP v. Somati Prasad Bafna, 2024 SCC OnLine SC 3727.
- Sanjay Verma v. Manik Roy, (2006) 13 SCC 608.
- Guruswamy Nadar v. P. Lakshmi Ammal, (2008) 5 SCC 796.
- M/s. Siddamsetty Infra Projects Pvt. Ltd. v. Katta Sujatha Reddy, 2024 SCC OnLine SC 3214.
- Danesh Singh v. Har Pyari, 2025 SCC OnLine SC 2805.
- K.S. Manjunath v. Moorasavirappa, 2025 SCC OnLine SC 2378.
- Ram Niwas v. Bano, (2000) 6 SCC 685.
- Durg Singh v. Mahesh Singh, 2004 SCC OnLine MP 9.
- Silverline Forum Pvt. Ltd. v. Rajiv Trust, (1998) 3 SCC 723.
- N.S.S. Narayana Sarma v. Goldstone Exports (P) Ltd., (2002) 1 SCC 662.
- Usha Sinha v. Dina Ram, (2008) 7 SCC 144.
Statutes/Laws Referred
- Transfer of Property Act, 1882: Section 52 (lis pendens), including Maharashtra (Bombay) Amendment (Act XIV of 1939).
- Code of Civil Procedure, 1908: Section 47; Order XXI Rules 35, 36, 97–103, with Bombay Amendments (1983) to Rules 98(2), 100, and omission of Rule 102.
- Specific Relief Act, 1963: Section 19(b).
- Limitation Act, 1963: Articles 129, 134.
- Constitution of India: Article 142 (directions issued).