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G.F.C. Ariff vs Rai Jadunath Majumdar Bahadur on 23 January, 1931

The decision of the Privy Council in Ariff v. Jadunath Mazumdar, 58 Ind App 91: (AIR 1931 PC 79) which laid down this, proposition, has been reaffirmed by the Privy Council in Pit Bus v. Mohamed Tahar, 67 Mad LJ 865: (AIR 1934 PC 235). But both these decisions dealt with the law as it stood before the Amendment of 1929. After the amendment of the Transfer of Property Act in 1929, which introduced Section 53-A, a defendant in a suit for ejectment is entitled to rely upon his contract for transfer, provided the conditions mentioned in that section are fulfilled. A point was raised by the learned counsel for the first respondent whether Section 53-A would apply to a case where the instrument in question relied upon by the defendant was only an agreement or contract to transfer and not an inchoate deed of transfer. "
Bombay High Court Cites 8 - Cited by 135 - Full Document
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