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Sunday, 11 November 2012

When in suit for maintenance,charge on property is claimed lis pendens commence


in the case of Nagubai Ammal v. B. Shama Rao, where at p. 597 the Supreme Court observed as follows:
"And he (counsel for the appellants) also conceded and quite rightly that when a suit is filed for maintenance and there is a prayer that it be charged on specified properties, it is a suit in which right to immovable property is directly in question, and the lis commences on the date of the plaint and not on the date of the decree, which creates the charge."

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