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Civil Property & InheritanceSupreme Court of India

Krishan Gopal v. Gurmeet Kaur (Dead) Through LRs.

Civil Appeal · 2025 INSC 850Decided 15 Jul 2025
Civil Appeal No. 2849 of 2015 (with Civil Appeal No. 9495 of 2025 @ SLP (C) No. 23476 of 2016)
Justice Sanjay Kumar · Justice K.V. Viswanathan

Background

In 2001, Krishan Gopal agreed to sell over 9 acres of agricultural land in Punjab to Gurmeet Kaur and her two sons for Rs. 10 lakh, receiving Rs. 1 lakh as earnest money, but he failed to execute the sale deed by the agreed date. The buyers sued for specific performance and won at the trial court and in two rounds of appeal. Meanwhile, without disclosing it, Krishan Gopal had secretly sold the same land to a man named Arun Kalia (who claimed to be a tenant on the land) through registered sale deeds in 2002, and Arun Kalia later resold part of it to two more people in 2012, both sales happening after the original buyers' lawsuit was already filed.

Decision Breakdown

The Supreme Court upheld the decree of specific performance in favour of Gurmeet Kaur and her sons, finding Krishan Gopal's shifting explanations (about whether he even showed up to execute the sale deed) undermined his credibility, while the buyers' financial readiness to pay was well established. The Court held that the sale deeds Krishan Gopal executed in favour of Arun Kalia, and Arun Kalia's subsequent resale, were void under the doctrine of lis pendens (Section 52 of the Transfer of Property Act), since they were made only after the specific performance suit was already pending, and the Court found the entire "tenancy" story between Krishan Gopal and Arun Kalia to be a collusive fabrication designed to defeat the original buyers' rights. Because land values had risen sharply since 2001, the Court balanced the equities by ordering the buyers to pay an additional Rs. 25 lakh on top of the already-deposited balance consideration, and directed the sale deed and possession to be completed through the executing court.

Lesson Learnt

Once a lawsuit for specific performance of a property sale is filed, any later sale of that same property by the seller is legally void against the original buyer under the doctrine of lis pendens: a seller cannot defeat a pending buyer's rights by secretly transferring the property to someone else during the case, even by dressing it up as a tenancy or a fresh sale.

Krishan Gopal v. Gurmeet Kaur (Dead) Through LRs. – Legal Case Shots | LegalAware