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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 registered sale deed executed in 1990 by a vendor lacking legal title (the land being ceiling surplus at that time) was upheld as valid and binding on the transferee. The Supreme Court held that once the land became ceiling-free four months later, the vendor acquired title, and Section 43 of the Transfer of Property Act protected the buyer's rights through estoppel principles. Since the vendor's heirs never challenged the deed and the defendant lacked any valid interest in the property, the Court decreed the suit for possession and permanent injunction in the plaintiff's favour."

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Property Law Transfer of Property Title and Possession Ceiling Surplus Land Section 43

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