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1 - 10 of 13 (0.28 seconds)Section 43 in The Land Acquisition Act, 1894 [Entire Act]
The Orissa Estates Abolition Act, 1951
Section 30 in The Land Acquisition Act, 1894 [Entire Act]
Section 11 in The Orissa Estates Abolition Act, 1951 [Entire Act]
Section 23 in The Indian Contract Act, 1872 [Entire Act]
Hardev Singh vs Gurmail Singh (Dead) By Lrs on 2 February, 2007
In Hardev Singh v. Gurmail Singh (dead) by LRs. 1 the Apex Court
inter alia, dealt with the principle under Section 43 of T.P.Act. It observed:
The Jumma Masjid, Mercara vs Kodimaniandra Deviah on 11 January, 1962
"7. Section 43, on the other hand, embodies a 'rule of feeding the
estoppel' and enacts that a person who makes a representation
shall not be heard to allege the contrary as against a person who
acts thereupon and it is immaterial whether the transferor acts
bona fide or fraudulently in making the representation. [See
Jumma Masjid, Mercara v. Kodimaniandra Deviah
MANU/SC/0397/1962 : AIR1962SC847.
Ram Pyare vs Ram Narain & Others on 15 February, 1985
In Ram Pyare v. Ram Narain2 considering the relevant provisions of
the Act including Sections 137A, 134 and 43 of T.P.Act their Lordships of
Supreme Court held as follows:
Tanu Ram Bora vs Promod Ch Das (Dead) Thr. Lrs. on 8 February, 2019
"7.4 Section 43 of the T.P. Act provides that where a person
fraudulently or erroneously represents that he is authorised to
transfer certain immovable property and professes to transfer
such property for consideration, such transfer shall, at the option
of the transferee, operates on any interest which the transferor
may acquire in such property at any time during which the contract
of transfer subsists. Thus, if at the time of transfer, the
vendor/transferor might have a defective title or have no title
and/or no right or interest, however subsequently the transferor
acquires the right, title or interest and the contract of transfer
subsists, in that case at the option of the transferee, such a
transfer is valid. In such a situation, the transferor cannot be
2
AIR 1985 SC 694=MANU/SC/0293/1985
3
(2019) 4 SCC 173
36
permitted to challenge the transfer and/or the transferor has no
option to raise the dispute in making the transfer.