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april 1956

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).

NAGUBAI AMMAL & OTHERS vs B. SHAMA RAO & OTHERS. · Niyam