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PETITIONER: NAGUBAI AMMAL & OTHERS
Vs.
RESPONDENT: B. SHAMA RAO & OTHERS.
DATE OF JUDGMENT: 26/04/1956
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA DAS, SUDHI RANJAN (CJ) IMAM, SYED JAFFER
CITATION: 1956 AIR 593 1956 SCR 451
ACT: 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 ground-Limitation and adverse possession against a purchaser in execution of a decree on a prior mortgage-Commencement-’Collusive’ and ’fraudulent’- Distinction--Admission-Evidentiary value-When can shift the burden of proof -’Maxim that ’a person cannot approbate and reprobate’-Applicability-Transfer of Property Act (IV of 1882), s. 52-Indian Limitation Act (IX of 1908), Art. 142.
HEADNOTE: The appellants as defendants in a suit for declaration of title to certain building sites sought to resist the respondents’ claim, arising by purchase from a purchaser in a sale in execution of a mortgage decree passed on a mortgage deed of 1918, by a counter-claim based on a purchase of the same lands made in 1920 ...