Punjab and Haryana High Court Dismisses Appeal, Rules Doctrine of Lis Pendens Inapplicable in Collusive Proceedings

In a significant ruling, the Punjab and Haryana High Court has dismissed an appeal and upheld the decision of the lower court in a contentious land dispute case. The case, RSA-423 of 1997 (O&M), centered around a dispute between the plaintiffs, Jarnail Singh and others, and the defendants, Darbara Singh and others.

The plaintiffs had filed a suit seeking a declaration that an order passed by the High Court in 1986 was collusive and should not be binding on their ownership rights. According to the plaintiffs, they had acquired the land in question through legitimate sale deeds and had been in possession of it ever since. They argued that the mutation of inheritance in favor of the defendants was null and void.

However, the defendants vehemently denied the allegations and raised legal objections in their written statements. They contended that the plaintiffs’ purchase of the land was affected by the doctrine of lis pendens, which holds that the transfer of property during pending litigation is subject to the outcome of the case. The defendants argued that the High Court’s decree, based on the doctrine of lis pendens, was valid.

After careful consideration of the pleadings and evidence presented, the trial court ruled in favor of the plaintiffs. The court decreed the suit, granting the defendants the liberty to file a fresh suit for possession based on a registered will dated 21.01.1973.

Unsatisfied with the trial court’s decision, the defendant Darbara Singh appealed to the District Judge. However, the District Judge affirmed the trial court’s decision, finding no reason to overturn it.

Subsequently, Darbara Singh approached the Punjab and Haryana High Court by filing a Regular Second Appeal. The case was assigned to Justice H.S. Madaan, who thoroughly examined the arguments and records of the case.

During the proceedings, the court observed that the doctrine of lis pendens was not applicable in this particular case due to the collusive nature of the proceedings before the High Court. The court further noted that the defendants had failed to file any suit based on the registered will dated 21.01.1973, raising questions about its legitimacy.

After careful deliberation, Justice H.S. Madaan dismissed the appeal. The court held that the lower court’s judgments were based on concurrent findings, and there was no substantial question of law to warrant overturning them.

Decided on: 01.05.2023

Darbara Singh (since deceased) through his LRs vs Jarnail Singh and others