Supreme Court of India · 1962-01-11
THE JUMMA MASJID, MERCARA vs KODIMANIANDRA DEVIAH
- Citation / case number
- SC 1956/151
- Court
- Supreme Court of India
- Petitioner
- THE JUMMA MASJID, MERCARA
- Respondent
- KODIMANIANDRA DEVIAH
- Bench
- AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that under Section 43 of the Transfer of Property Act, 1882, a transferee who acquires property based on the representation of the transferor having a present interest, despite the transferor only having a spes successionis, is entitled to protection if the transfer was made for consideration and in good faith. The Court clarified that the rule of estoppel applies, preventing the transferor from asserting a contrary claim against the transferee who relied on the representation. The appeal was dismissed, affirming the validity of the transfer to the respondents.