Provisions of Ss.41 and 43 not applicable to involuntary transfers like auction sales.

Citation

AIR 1996 SUPREME COURT 2773

1997(1) CTC 15

SUPREME COURT

(From : Patna)*

M. M. PUNCHHI , J. and MRS . SUJATA MANOHAR , J.

Civil Appeal No. 1509 of 1976, D/- 22 - 8 - 1996

Jote Singh (dead) by LRs Appellant v. Ram Das Mahto and others Respondents.

Transfer of Property Act (4 of 1882), S.41, S.43 - Scope and applicability - Provisions of Ss.

41 and 43 not applicable to involuntary transfers like auction sales - Hence, auction-purchaser

cannot invoke provisions of Ss. 41 and 43 for his benefit.

 (Para 2)