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august 1996

Supreme Court of India · 1996-08-22

JOTE SINGH (DEED) BY LRS. vs RAM DAS MAHTO & ORS.

Citation / case number
SC 1976/60972
Court
Supreme Court of India
Petitioner
JOTE SINGH (DEED) BY LRS.
Respondent
RAM DAS MAHTO & ORS.
Author
M.M. PUNCHHI
Bench
M.M. PUNCHHI

Judgment text excerpt

The Supreme Court held that Sections 41 and 43 of the Transfer of Property Act do not apply to auction sales, as these provisions are intended for voluntary transfers and not involuntary ones. The Court affirmed that a person who sells property they do not own must compensate the purchaser if they later acquire ownership, but this principle does not extend to court-ordered sales. Consequently, the appeal by the auction purchaser was dismissed, upholding the High Court's decision that denied the application of these sections in this context.

JOTE SINGH (DEED) BY LRS. vs RAM DAS MAHTO & ORS. · Niyam