NAGUBAI AMMAL & OTHERS versus B. SHAMA RAO & OTHERS.

NAGUBAI AMMAL & OTHERS versus B. SHAMA RAO & OTHERS.

Title acquired by appellant under sale deed dated 30-1-1920 was extinguished by court sale in execution of charge decree under section 52 of the Transfer of Property Act; nonjoinder of Official Receiver does not render sale a nullity, only the Official Receiver could challenge it, not the transferee pendente lite; suit not barred by limitation or adverse possession.

Parties
Appellant: Nagubai Ammal; Appellant: Nagubai Ammal & Others; Respondent: B. Shama Rao
Jurisdiction
India
Judgment Date
26 April 1956
Procedural Posture
Civil Appeal / On Appeal From Judgment and Decree Dated 8th March, 1951 of Mysore High Court in Regular Appeal No. 123 of 1947 48 Arising From Decree Dated 23rd June 1947 of District Judge, Bangalore in Original Suit No. 84 of 1945 46
Outcome
appeal dismissed
Legal Topics
Lis Pendens, Title Transfer, Nonjoinder of Receiver, Adverse Possession, Collusive and Fraudulent Proceedings, Admission and Burden of Proof, Election and Estoppel
Property Law Civil Procedure Insolvency Law Lis Pendens Title Transfer Nonjoinder of Receiver Adverse Possession Collusive and Fraudulent Proceedings +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 12 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Nagubai Ammal

Appellant

Nagubai Ammal & Others

Appellant

B. Shama Rao

Respondent

Procedural Posture

Civil Appeal / On Appeal From Judgment and Decree Dated 8th March, 1951 of Mysore High Court in Regular Appeal No. 123 of 1947 48 Arising From Decree Dated 23rd June 1947 of District Judge, Bangalore in Original Suit No. 84 of 1945 46

Legal Issues

  1. 1 Effect of lis pendens on title transfer between transferor and transferee
  2. 2 Effect of nonjoinder of Official Receiver in execution proceedings
  3. 3 Right of transferee pendente lite to attack execution sale for nonjoinder

Ratio Decidendi

Title acquired by appellant under sale deed dated 30-1-1920 was extinguished by court sale in execution of charge decree under section 52 of the Transfer of Property Act; nonjoinder of Official Receiver does not render sale a nullity, only the Official Receiver could challenge it, not the transferee pendente lite; suit not barred by limitation or adverse possession.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Title of appellants extinguished under section 52 of Transfer of Property Act by court sale dated 2-8-1928