Law: Transfer of Property Act, 1882

Section: 41

Law: Specific Relief Act, 1877

Section: 27(b)

Transfer of Property Act (IV of 1882)--- ----S. 41---Specific Relief Act (I of 1877), S. 27(b)---Buying property without public notice----Respondents filed suit for cancellation against one of their brothers (respondent No. 2)---Respondents moved an application to implead appellant as party and consequently appellant was arrayed as defendant in the suit---Trial Court dismissed the suit---Respondent filed appeal before Appellant Court---Appellate Court allowed the appeal---Held, that sale deed of appellant as being enjoyed by appellant could not be set-aside automatically as the defence of the appellant was protected being buyer without notice of any dispute; it had to be proved independently through impartial evidence, failing whereof S.41 of the Transfer of Property Act, 1882 would protect the title of appellant---Section 27(b) of the Act,1877, was for enforcing performance against those who acquired title with knowledge of pervious agreement/contracts, whereas S.41 of the Act, 1882, protected title for those who acquired title without…

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