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In the course of his submissions, Mr. Parasaran referred
to a Notification No.44 dated 6th June, 1949, by which the
area in question was included in the Jubilee Hills area within
the limits of the Hyderabad Municipality. It was urged that
the said fact would go a long way to establish that the lands
had lost their agricultural character long ago and would no
longer be governed by the provisions of the Tenancy Act of
1950 but by the provisions of the Transfer of Property Act,
1882. To lend further support to his submission, Mr.
Parasaran also pointed out that in 1969 Section 47 had been
omitted from the 1950 Act, inasmuch as, by then the lands
governed by the said Act had lost their agricultural character
and had been converted into urban holdings. In addition to
the provisions of Section 43 of the Transfer of Property Act,
reference was also made to Section 13(1)(b) of the Specific
Relief Act, 1968, whereunder a person with no title or
imperfect title may be compelled by the purchaser or lessee
to execute or procure documents to validate the title.
Reference was made to a decision of this Court in the
case of The Jumma Masjid, Mercara vs. Kodimaniandra
Deviah, (1962) Supp. 2 SCR 554, which was a case dealing
with a representation made by a person having only a spes-
successionis in the property transferred. It was held that the
transferee was entitled to the benefit of Section 43 of the
Transfer of Property Act, 1882, if he had taken the transfer for
consideration and on the faith of the representation.
The decision already referred to hereinbefore in the
case of Ram Pyare (supra) echo the sentiments in the
aforesaid Jumma Masjid case.