Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----S. 41---Transfer by ostensible owner---Principle of estoppel--­Applicability--- Provision of S.41 of Transfer of Property Act, 1882, is statutory application of law of estoppel and makes an exception to the rule that a person cannot confer a better title than he has---Principle underlying the provision of S.41 of Transfer of Property Act, 1882, is that whenever one of the two innocent persons has to suffer by, the act of a third person, he who has enabled the third person to occasion the loss, must sustain it. Book "Transfer of Property Act" by Mulla; Ramcoomar v. Macqueen (1872) 11 BLR 46 ref. (b) Transfer of Property Act (IV of 1882)--- ----S. 41---Transfer by ostensible owner---Pre-conditions. Following conditions are necessary for the application of S.41 of Transfer of Property Act, 1-882: - (i) The transferor is ostensible owner; (ii) He is so by the consent, express or implied, of the real owner; (iii) The transfer is for consideration; and (iv) The transferee had acted in good faith, taking reasonable care to ascertain that the transferor had power to transfer. Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53; Muhammad Yamin and others v. Settlement Commissioner and others 1976 SCMR 489; Bashir Ahmed and others v. Additional Commissioner and others 1983 SCMR 1199; Manzoor Hussain v. Fazal Hussain and others 1984 SCMR 1027 and Ejaz Ahmed Khan v. Chahat and others 1987 SCMR 192 rel. (c) Land Acquisition Act (I of 1894)--- ----Ss. 16 & 17---Term `vest'---Applicability--Possession of land acquired---Effect ---Once possession of the land has been taken under S.17(1) of Land Acquisition Act, 1894, the land vests in the Government---Property so acquired, upon happening of certain events, vests absolutely in the Government free from all encumbrances---In the cases contemplated by Ss.16 and 17 of Land Acquisition Act, 1894, the property acquired becomes the property of Government without any condition or limitation either as to title or possession---Legislature has made it clear that the vesting of the property is not for any limited purpose or limited duration--Word `vest' does not have fixed…

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