Law: Transfer of Property Act (IV of 1882)

Section: 41

  Transfer of Property Act (IV of 1882)-------   ------S. 41-Inquiry to be made by vendee -Principle stated. With regard to the question of inquiry to be made by the vendees as required under section 41 of the Transfer of Property Act, 1882 the principle is that if there are no circumstances disclosing any reason for going behind the revenue entries, then the vendee is protected if he has bona fide acted on the entries appearing in the revenue records. The question of implied consent of the true owners has to be decided on the facts of each case. Mere entry of the name of the ostensible owner in the revenue record would not by itself amount to implied consent on the part of the true owner, as required by section 41 of the Transfer of Property Act, 1882. The fact that -the true owners had all along been in possession of the land in dispute would be a sufficiently strong circumstance for the vendees to be on their guard and to require them to make further inquiries beyond the entries made in the revenue records. If the vendees in such case fail to do so then the requirement of section 41 of the Act is not fulfilled and they are not entitled to the protection of that, section.   Ram Sarup and another v. Maya Shankar and others 33 P W R 1918, Mst. Rasulan Bibi and others v. Nand Lal and others A I R 1930 All. 521-; Hargovind Prasad and others v. Ambika Dutt Ram A I R 1934 Oudh 165; Perumal Mooppan and others v. Subramania Mudaliar A I R 1939 Mad. 299 and Muhammad Din and another v. Mst. Sardar Bibi and others A I R 1927 Lah. 666 ref.   Date of hearing: 25th April 1966.    JUDGMENT   This second appeal is by the plaintiffs and has arisen out of a suit for declaration regarding the ownership of the land in dispute. Their case was that they were the true owners of the suit land and the names of their ancestors had been entered as the owners in the revenue records right from the year 1872. However, in 1953 they came to know, during partition pro ceedings initiated by the defendant-respondents Hassan and others, that an area measuring 35 kanals 14 marlas bad been sold by Khuda Bakhsh and his two sisters to Hassan and Piran Ditta, along…