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  Rejection of Plaint, Benami Transactions, and Fiduciary Exceptions: A Contemporary Judicial Examination of Manjula and Others v. D.A. Srinivas (2026) Author: Advocate Abhishek Jat Advocate, High Court of Madhya Pradesh, Bench at Gwalior The decision rendered by the Supreme Court of India in Manjula and Others v. D.A. Srinivas , Civil Appeal No. 7370 of 2026 arising out of SLP (C) No. 7924 of 2024, reported as 2026 INSC 465 , constitutes a significant judicial exposition on the scope of Order VII Rule 11 of the Code of Civil Procedure, 1908, the doctrine governing benami transactions, and the evolving jurisprudence surrounding fiduciary relationships under the Prohibition of Benami Property Transactions Act, 1988. The judgment was delivered by Hon’ble Mr. Justice R. Mahadevan . The ruling is jurisprudentially important because it harmonizes procedural law with substantive statutory prohibitions and reiterates the judicial responsibility to prevent abuse of civil process through a...

  Supreme Court Affirms Doctrine of Merger and Lis Pendens in Property Dispute Case Analysis of INSC 368/2025: Raju Naidu v. Chenmouga Sundra & Ors. By Abhishek Jat, Advocate The Supreme Court of India has delivered a significant judgment in Civil Appeal No. 3616/2024, reaffirming foundational principles regarding the doctrine of merger, lis pendens, and the limitations of Section 53A of the Transfer of Property Act in property dispute cases. Background of the Case The dispute centered around two properties in Pondicherry referred to as 'A' Schedule property (Door No. 10, Mariamman Kovil Street, Thiruvalluvar Nagar) and 'B' Schedule property (Door No. 49, Chetty Street). The father of respondents 1-8 had purchased and subsequently transferred various interests in these properties through sale deeds and wills. The controversy arose when the father executed a sale agreement with the appellant for the 'B' Schedule property while litigation regarding the p...

Supreme Court Says Title Deeds Not Mandatory for Registering Property Documents By Abhishek Jat, Advocate In a landmark ruling delivered on April 7, 2025, the Supreme Court struck down a rule that had made it mandatory to produce title deeds while registering property documents in Tamil Nadu. The Court held that Rule 55A(i) of the Tamil Nadu Registration Rules went beyond the powers granted under the Registration Act, 1908 , and was therefore invalid. This judgment comes as a big relief for property buyers and sellers, especially in Tamil Nadu, where registration authorities often insisted on title proof before allowing registration—even though the law didn’t require it. What Was the Case About? The case— K. Gopi v. The Sub-Registrar & Ors. (Civil Appeal No. 3954 of 2025) —was sparked when the Sub-Registrar refused to register a sale deed in favor of the appellant, K. Gopi. The reason? Gopi couldn’t provide documents proving the title of the seller, Jayaraman Mudaliyar, as req...

 Supreme Court Clarifies "Readiness and Willingness" Requirement in Specific Performance Cases Recent Judgment Sets Precedent on Acceptance of Earnest Money Refund By Abhishek Jat, Advocate In a significant ruling that reshapes the landscape of real estate contract enforcement, the Supreme Court of India has delivered a noteworthy judgment in Sangita Sinha v. Bhawana Bhardwaj and Ors. (Civil Appeal No. 4972 of 2025). The Court has clarified crucial aspects regarding the "readiness and willingness" requirement for specific performance of contracts and established that acceptance of refunded earnest money may render a specific performance claim untenable. Case Background The dispute originated from an unregistered Agreement to Sell executed on January 25, 2008, for a property in Patna valued at ₹25 lakhs. The buyer (respondent) had paid ₹2.51 lakhs in cash and issued three post-dated cheques of ₹2.5 lakhs each. Shortly thereafter, the seller alleged that her si...

  Key Doctrines Under the Transfer of Property Act, 1882 By Abhishek Jat, Advocate The Transfer of Property Act, 1882 (TPA) , serves as the backbone of property law in India, guiding transactions related to immovable and movable assets. This legislation provides clarity on ownership rights, obligations, and the legal framework governing property transfers. While the Act contains numerous provisions, certain doctrines stand out due to their significance in shaping judicial interpretations and protecting the rights of parties involved in property transactions. Here, we explore some of the most essential concepts under the TPA, offering practical insights into their legal implications. 1.      Restrictive Covenants on Property Use (Sections 10, 11, 12)- While partial restrictions on property alienation are allowed, absolute prohibitions are generally void. For example, a clause stating that a property can never be sold is invalid, but a condition requiring the ...