Reviewed case brief

Bishan Chand v Radha Kishan

AIR 1982 SC 806

A pending suit affecting title is a material fact that the seller must disclose under S.55(1)(a). Buyer cannot be expected to search all court records.

property-lawsaledisclosurelatent-defectsection-55pending-litigation
Court
Supreme Court of India
Year
1982
Subjects
Property Law
Reviewed
2026-06-30

Rule established

Seller's non-disclosure of pending litigation affecting title is breach of S.55(1)(a); buyer entitled to rescission

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1982 SC 806

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.