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Which of the following is a case involving Section 41 of Transfer of Property Act ?

Section 41 of the Transfer of Property Act, 1882 protects a transferee from an ostensible owner who holds the property with the consent of the real owner, if the transferee,…

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Which of the following is a case involving Section 41 of Transfer of Property Act ?

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Section 41 of the Transfer of Property Act, 1882 protects a transferee from an ostensible owner who holds the property with the consent of the real owner, if the transferee, after taking reasonable care to ascertain that the transferor had power to transfer, acts in good faith. Suraj Ratan Thirani v. Azamabad Tea Co. Ltd. (1964) is the Supreme Court's leading decision on that section and on the care the transferee must take.

Prabodh Kumar Das v. Dantmara Tea Co. Ltd. (1939) is the Privy Council's decision on part performance under section 53A, which it held can be used only as a shield and not as a sword. Bellamy v. Sabine is the English case from which the lis pendens rule in section 52 derives, and Tulk v. Moxhay concerns restrictive covenants running with land.

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