JOTE SINGH (DEAD) BY LRS. versus RAM DAS MAGTO AND ORS.

JOTE SINGH (DEAD) BY LRS. versus RAM DAS MAGTO AND ORS.

Sections 41 and 43 of the Transfer of Property Act, 1882 apply only to voluntary transfers and not to involuntary transfers such as auction sales conducted by court. The court cannot be deemed an ostensible owner, and auction purchasers cannot claim the benefit of these provisions.

Source-derived case information.

Parties
Appellant: Jote Singh (dead) by LRs.; Respondent: Ram Das Magto and Ors.
Jurisdiction
India
Judgment Date
22 August 1996
Procedural Posture
Civil Appeal / Appeal From Patna High Court Judgment Dated 7.7.76 in S.a. No. 597 of 1971
Outcome
Appeal dismissed.
Legal Topics
Transfer of Property, Applicability of Sections 41 and 43 of Transfer of Property Act, Auction Purchase
Property Law Transfer of Property Applicability of Sections 41 and 43 of Transfer of Property Act Auction Purchase

Source-derived case record

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Parties

Jote Singh (dead) by LRs.

Appellant

Ram Das Magto and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court Judgment Dated 7.7.76 in S.a. No. 597 of 1971

Legal Issues

  1. 1 Whether Sections 41 and 43 of Transfer of Property Act, 1882 apply to auction sales conducted by court
  2. 2 Whether auction purchaser is entitled to the benefit of those provisions after transferor becomes the owner

Ratio Decidendi

Sections 41 and 43 of the Transfer of Property Act, 1882 apply only to voluntary transfers and not to involuntary transfers such as auction sales conducted by court. The court cannot be deemed an ostensible owner, and auction purchasers cannot claim the benefit of these provisions.

Court Disposition

Appeal dismissed.

Orders

  • No costs.