35-Year Wait for Justice Ends: SC Orders Possession of Property

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{ "title": "35-Year Wait for Justice Ends: SC Orders Possession of Property", "article": "After a grueling 35-year-long battle, the Supreme Court has finally granted relief to Hemchandra Rajaram Bhonsale, ordering the possession of his property in Pune's Dhayari village. The court invoked its constitutional powers to bring an end to the litigation, which had been mired in multiple appeals and stay applications. Bhonsale's ordeal began in 1973 when he entered into an agreement to purchase the property, but the original owner, Rajaram Bajirao Pokale, failed to fulfill his part of the contract. The civil court in Pune passed a decree in Bhonsale's favor in 1990, but the property was subsequently sold to multiple owners, who challenged the decree in court. Despite multiple judgments in his favor, Bhonsale was unable to take possession of the property due to resistance from the occupants. The Bombay High Court had closed all legal issues in his favor in 2024, but the occupants challenged the verdict in the top court. In a landmark judgment, the Supreme Court held that the Transfer of Property Act, Section 52, prohibits the transfer of property during a pending suit, and that the doctrine of lis pendens comes into force in such cases. The court also noted that the present occupants were aware of the pendency of the suit and were obligated to hand over the property to Bhonsale. The court directed the present occupants to hand over actual physical possession of the property to Bhonsale by February 15. The judgment brings an end to a long and arduous journey for Bhonsale, who has finally earned the right to enjoy the fruits of his litigation success."