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The Jumma Masjid, Mercara vs Kodimaniandra Deviah on 11 January, 1962

But on declaration that the sale is void, in the eye of law the contract is no nest to the extent of the share of the minor from its inception. The second limb of Section 43 is that the contract must be a subsisting one at the time of the claim. A void contract is no contract in the eye of law and was never in existence so the 2nd limb of Section 43 of is not satisfied. The ratio of this Court in Jumma Masjid's case 1962 AIR SC 847 is thus:
Supreme Court of India Cites 17 - Cited by 203 - Full Document

Jhulan Prasad vs Ram Raj Prasad And Ors. on 14 March, 1978

3. The contention for the appellant is that in view of the finding that Harbans Kaur had succeeded by operation of law, the appellant is entitled to the interest acquired by Harbans Kaur by operation of Section 43 of the Act and the High Court has misapplied the ratio of decisions of this Court in Jumma Masjid, Mercana v. Kodimaniandra Deviah and Ors. and the decision of the Patna High Court in Jhulan Prasad v. Ram Raj Prasad and Ors. . Section 43 of the Transfer of Property Act provides thus:
Patna High Court Cites 7 - Cited by 5 - Full Document
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