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january 1962

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.

THE JUMMA MASJID, MERCARA vs KODIMANIANDRA DEVIAH · Niyam