A lets land to B at a rent of ₹500 and then transfers the land to C. Without notice of the transfer, B…
Under the proviso to section 109 of the Transfer of Property Act, a lessee who, not having reason to believe that the lessor has transferred his interest, pays rent to the…
Choose your answer
A lets land to B at a rent of ₹500 and then transfers the land to C. Without notice of the transfer, B in good faith pays the rent to A. What follows under the Transfer of Property Act, 1882?
Answer and explanation
Correct answer D
Under the proviso to section 109 of the Transfer of Property Act, a lessee who, not having reason to believe that the lessor has transferred his interest, pays rent to the lessor is not liable to pay that rent over again to the transferee. So "Rent is not recoverable from 'B'" for the rent already paid; B need not pay C or pay twice, and nothing in the facts allows B to deny C's title. Rent falling due after B learns of the transfer is payable to C.
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