JHARU RAM ROY versus RAMJIT ROY AND ORS.

JHARU RAM ROY versus RAMJIT ROY AND ORS.

Section 43 cannot apply where the transferee is party to fraud and aware of facts rendering transfer void; doctrine of feeding the estoppel does not operate in circumstances of fraud and absence of title.

Parties
Appellant: Jharu Ram Roy; Respondent: Ramjit Roy; Third Party: Nakho Ram; Third Party: Rajiv Lochan Roy; Third Party: Kamjit Roy
Jurisdiction
India
Judgment Date
13 January 2009
Procedural Posture
Civil Appeal / Final Disposition Supreme Court Order
Outcome
Appeal dismissed
Legal Topics
Transfer by Unauthorized Person, Fraud, Dayabhaga School, Feeder Estoppel, Adverse Possession
Property Law Hindu Law Transfer by Unauthorized Person Fraud Dayabhaga School Feeder Estoppel Adverse Possession

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jharu Ram Roy

Appellant

Ramjit Roy

Respondent

Nakho Ram

Third Party

Rajiv Lochan Roy

Third Party

Kamjit Roy

Third Party

Procedural Posture

Civil Appeal / Final Disposition Supreme Court Order

Legal Issues

  1. 1 Whether the transferee can claim benefit under Section 43 of the Transfer of Property Act when party to fraud
  2. 2 Whether the deeds of sale executed by a person not having title are void ab initio

Ratio Decidendi

Section 43 cannot apply where the transferee is party to fraud and aware of facts rendering transfer void; doctrine of feeding the estoppel does not operate in circumstances of fraud and absence of title.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs