true owner, made a transfer during the pendency of a suit by such owner, in which the title of the ostensible owner had been questioned ... ostensible owner with the consent, express or implied, of the true owner till the date of the suit; but the true owner expressly repudiated
Sami Ullah Khan was not a bona fide transferee from an ostensible owner and that he had no right to maintain the suit ... under Section 41 , not only should the transferor be the ostensible owner of the property with the consent, express or implied, of the true owner
that Samiullah Khan was not a bona fide transferee from an ostensible owner and that he had no right to maintain the suit ... under Section 41 , not only should the transferrer be the ostensible owner of the property with the consent express or implied of the true owner
will not in terms apply, for Smt. Khatibunnisa was not an ostensible owner but she was the real owner of the property in suit ... ostensible owner with the consent, express or implied of the real owner. Even if it is assumed that Smt. Khatibunnisa was the ostensible owner
purchased the property in dispute after making due inquiry from an ostensible owner for a sum of Rs.9,80,000/- and is entitled ... deals with a situation where the property is transferred by an ostensible owner for consideration. It provides that the the transfer shall not be voidable
noticed, which read as under:
" Section 41 . Transfer by ostensible owner.--Where, with the consent, express or implied, of the persons interested in immoveable ... property, a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be voidable on the ground
learned counsel is quoted below :
"41. Transfer by ostensible owner.-Where, with the consent, express or implied, of the persons interested in immovable property ... person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be voidable on the ground that
having purchased the supposed interests of the benamidars who were the ostensible owners of the property with the implied consent of Inayat Khan, are entitled ... property as an ostensible owner and to deal with it as full owner. Where such ostensible owner "transfers" property to a person
ostensible owers to the world. But the defendants have not acquired rights by virtue of any act directly done by these ostensible owners, but have ... property as an ostensible owner and to deal with it as full owner. Where such ostensible owner "transfers" property to a person
allowed the transferees, Santan Lal and Lakshmi Narain, who were the ostensible owners, to remain in possession even after the death of Musammat Mohini ... deed. The reversioners allowed Ram Prasad to remain in possession as ostensible owner and the transferees are protected.
28. Defendants
