Doctrine of Lis Pendens Paramount in Property Disputes: Delhi High Court

In a significant ruling, the Delhi High Court, led by Hon'ble Mr. Justice Prateek Jalan, has underscored the criticality of the doctrine of lis pendens in property dispute cases. The ruling came out in a consolidated judgment involving multiple appeals against the Trial Court's decision on property C-125 in Greater Kailash-I, New Delhi.

Justice Prateek Jalan, in his observation, emphasized, "the doctrine of lis pendens is a doctrine based on the ground that it is necessary for the administration of justice that the decision of a court in a suit should be binding not only on the litigating parties but on those who derive title pendente lite."

The case revolved around a complex property dispute with appellants challenging the Trial Court's decree in favor of Rajesh Chaudhary. The heart of the dispute lay in the validity of unregistered documents for transferring property rights. The High Court upheld the Trial Court's decision, reiterating the importance of registered documents in property transactions.

In a notable remark, Justice Jalan stated, “Property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court.”

The High Court's decision sets a precedent, especially in terms of the application of the doctrine of lis pendens during property litigation. It also addresses the complexities involved in property transactions during the pendency of legal proceedings.

In addition to clarifying the legal stance on property disputes, the Court also provided specific directives to the purchasers of the disputed property. They were instructed to ensure that any third parties inducted into the property are informed of the ongoing appeals and any orders passed therein.

Date of Decision: 22nd December, 2023

NARENDRA KUMAR VS RAJESH CHAUDHARY & ANR.