Law: Transfer of Property Act (IV of 1882)

Section: 41

Transfer of Property Act (IV of 1882)  S. 41-Transfer by ostensible owner-Transferee not discreet enough to make proper inquiries and ascertain whether transferor had power to transfer-Protection afforded by S. 41 not available. Dates of hearing : 6th and 7th June 1974.                                                                                                                                           JUDGMENT The facts relevant for disposal of this appeal are these. Sher Zaman and Mst. Begum Ji (since died) brought a suit for possession of agricultural land (details of which appear in the plaint) situate in the estate of Mauza Kheriot, Tehsil and District Jhelum, against Dhuman Khan (since died), son of Nawab Khan, and Ali Shah and Khan, sons of Dost Muhammad, the appellants, alongwith others. The foundation of the claim is that the property was held by Mst. Sultan Begum as life estate and on her death when the succession opened out, the property was to revert to the heirs of her husband and not Dhuman Khan, the brother of Mst. Sultan Begum deceased. The appellant's vendees from Dhuman Khan, pleaded the protection of section 41 of the Transfer of Property Act, on the ground that they were bona fide purchasers for consideration without notice. The suit was dismissed in the first instance on the 18th of September 1959. However, subsequently the judgment and decree was reviewed by the trial Court by order dated the 7th of October 1959, whereunder the plaintiff's suit was dismissed only to the extent of 2 kanals 17 marlas in Khata No. 7 sold by Dhuman Khan to the appellants as 1/12th share which Dhuman Khan had in the khata. The suit was decreed in respect of the rest of the property as against other transferees Sher Zaman alone appealed, because in the meantime Mst. Begum Ji died leaving her surviving…