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1 - 4 of 4 (0.26 seconds)Hillaya Subbaya Hegde vs Narayanappa Timmaya on 12 September, 1911
404 and an occupancy tenant incompetent to transfer without the consent of the khot has been estopped from contending that the consent had not been obtained, see Hillaya v. Narayanappa (1911) 13 Bom. L.R. 1200.
Section 43 in The Transfer Of Property Act, 1882 [Entire Act]
Ganga Prasad And Anr. vs Ganga Bakhsh Singh And Ors. on 25 March, 1907
4. There is no doubt that the effect of Section 325A would be to invalidate such a sale as we now have to consider as against a lessee or transferee from the Collector exercising his powers under the Civil Procedure Code : see Ganga Prasad v. Ganga Bakhsh Singh (1907) I. L. R. 29 All. 415. But that does not dispose of the question whether, after the Collector's powers have ceased by reason of the proceedings in attachment being closed, the conveyance of the defendants' interest will not take effect in favour of the purchaser. The statutory provisions bearing upon the point are Section 43 of the Transfer of Property Act: " Where a person erroneously represents that he is authorised to transfer certain immoveable property, and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property, at any time during which the contract of transfer subsists;" and Section 18 of the Specific Relief Act which provides that where a person contracts to sell certain property having only an imperfect title thereto, the purchaser has the right, if the vendor has subsequently to the sale acquired any interest in the property, to compel him to make good the contract out of such interest.
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