Law: Transfer of Property Act, 1882

Section: 41

Revisional Jurisdiction-- ----Scope of--It is settled principle of law that while exercising revisional jurisdictional, High Court cannot disturb factual controversy resolved by subordinate Courts unless it is surfaced that impugned judgments are result of non-reading, misreading and violation of legal principles.          [P. 220] A Correction of jurisdictional defect-- ----Scope--Scope of revisional jurisdiction is very limited and is confined for correction of jurisdictional defects, patent illegality/irregularity effecting merits of case and not merely for substituting its own finding with that of appellate Court.                                                                                  [P. 220] B Principle of Law-- ----It is well established principle of law to effect that `what one cannot get directly he cannot get same indirectly’--This principle of law is not only to give due weight to what law insists for doing a particular thing but it is also to put ill doer on a notice that things obtained through any other mode, except as provided by law, shall always remain open for action of law.                                                                       [P. 221] C Transfer of Property Act, 1882 (IV of 1882)-- ----S. 41--Acquired title through fraud—Bona fide claim cannot save fraud--Benefit of law--Validity--Benefit of law would be available to a…