Supreme Court of India · 1956-04-26
NAGUBAI AMMAL & OTHERS vs B. SHAMA RAO & OTHERS.
- Citation / case number
- SC 1953/1401
- Court
- Supreme Court of India
- Petitioner
- NAGUBAI AMMAL & OTHERS
- Respondent
- B. SHAMA RAO & OTHERS.
- Bench
- AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court upheld the lower courts' decisions, affirming that the appellants' title, acquired in 1920, was extinguished by the execution sale under the charge decree as per Section 52 of the Transfer of Property Act, 1882. The court ruled that the omission of the respondent to raise the issue of lis pendens in his pleadings did not prejudice the appellants, as it was a mere irregularity. The case referenced Rani Chandra Kunwar v. Chaudhri Narpat Singh ([1906] L.R. 34 I.A. 27) as applicable, while distinguishing it from Siddik Mahomed Shah v. Mt. Saran and Others (A.I.R. 1930 P.C. 57).