Supreme Court of India

Nagubai Ammal & Others v. B. Shama Rao & Others.

Neutral citation
Reported as [1956] 1 S.C.R. 451
Bench S. R. Das, Venkatarama Ayyar and Jafer Imam JJ.
Decided 26 April 1956

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, we agree with the courts below that the title of the appellants has been extinguished under section 52 of the Transfer of Property Act, by the court sale dated 2-8-1928.

Judgment, page 25

From the headnote

Lis pendens, Scope of-If prevents passing of title as between the transferor and the transferee-Nonjoinder of Receiver in insolvency in the execution proceeding-Effect-Transferee pendente lite, if entitled to attack execution sale on that gronnd-Limitation and adverse pos­ session against a purchaser in execution of a decree on a prior mort­ ga.ge-Oommencement-' Ool lusive' Mid 'Jra.1td11lent' - Distinction­ Admission-Evid entiary valuc-TVhen can shift the burden of proof -Ma.xim that 'a person ca.nnot a.pprobate and reprobate'-Ap­ plicability-Transfer of Property Act (IV of 1882), s.

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