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Puran Mal And Anr. vs Shiva Lal And Anr. on 19 April, 1934 cites

Mangat Lal vs Ghasi Khan And Ors. on 23 July, 1929

6. Section 41, Transfer of Property Act, applies to a case where the true owner allows his benamidar to remain in possession of the property as an ostensible owner and to deal with it as full owner. Where such ostensible owner "transfers" property to a person who takes it in good faith after having taken reasonable care to ascertain that the transferor had power to make the transfer, the transaction binds the true owner. But obviously the transfer spoken of ins. 41 must be a voluntary transfer which is affected by an act of the ostensible owner. On this point there is a direct authority of this Court , namely, Mangat Lal v. Ghasi Khan 118 Ind. Cas. 718; A.I.R. 1929 All.800; Ind. Rul.(1929) All.926, which does not appear to have been brought to the notice of the learned Judge of this Court . The learned Judges were of opinion that in view of the language of Section 41 it would not be applicable to auction-purchasers.
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