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Supreme Court of India 2019-02-08 allowed

Tanu Ram Bora vs Promod Ch. Das (D) through Lrs. & Others

Bench: 2 — M.R. Shah

In Brief

A plaintiff purchased land by registered deed in January 1990, but the land was ceiling surplus (government-owned) at that time. It became ceiling free in September 1990. The plaintiff had his name mutated in revenue records, but the defendant illegally entered and the lower courts dismissed the suit, finding the vendor had no title to sell. The Supreme Court held that Section 43 of the Transfer of Property Act protected the plaintiff's rights through estoppel—the vendor cannot deny the transfer after receiving consideration. Since the contract subsisted when the land became ceiling free, and the vendor's heirs never contested, the plaintiff's title was valid. The Court decreed the suit and granted possession and injunction in the plaintiff's favour.

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Property Law Transfer of Property Land Disputes Estoppel Ceiling Surplus Land

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