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january 1990

Supreme Court of India · 1990-01-17

CHINNAMMAL & 4 ORS. vs P. ARUMUGHAM & ANR.

Citation / case number
SC 1990/77154
Court
Supreme Court of India
Petitioner
CHINNAMMAL & 4 ORS.
Respondent
P. ARUMUGHAM & ANR.
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that a stranger auction purchaser retains title to property despite subsequent reversal of a decree, as they are not bound to verify the correctness of the judgment. However, if the purchaser had knowledge of pending litigation, they cannot be considered a bona fide purchaser. The Court overruled R. Raghavachari v. M.A. Pekkiri Mahomed Rowther, AIR 1917 Mad 250, establishing that collusion with the decree holder also disqualifies a purchaser from retaining property post-reversal. The appeal was dismissed, affirming the need for restitution to the judgment debtor.

CHINNAMMAL & 4 ORS. vs P. ARUMUGHAM & ANR. · Niyam