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Supreme Court of India 2019-02-08 allowed

TANU RAM BORA vs PROMOD CH DAS (DEAD) THR. LRS

Bench: 2 — L. Nageswara Rao, M.R. Shah

In Brief

The appellant purchased land via registered sale deed on 6 January 1990, when the land was ceiling surplus (government property). The land became ceiling-free on 14 September 1990. The trial court initially decreed the suit, but on remand after the appellant's discovery that the land had been ceiling surplus at the time of sale, both lower courts dismissed it, holding the vendor had no authority to sell. The Supreme Court reversed this, holding that Section 43 of the Transfer of Property Act protected the appellant's rights as a good-faith vendee. Since the vendor thereafter acquired interest when the land became ceiling-free, and the vendor's heirs never challenged the sale, the appellant was entitled to title, possession, and permanent injunction against the illegal occupant.

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Property Law Transfer of Property Act Title and Ownership Estoppel Good Faith Transferee Ceiling Surplus Land Possession and Injunction

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