Supreme Court of India
Duni Chand v. Vikram Singh and Others
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What the Court ordered
In view of the above, the Appeal No.8187 of 2023 is allowed.
Judgment, page 9
From the headnote
Issue for Consideration Whether the High Court erred in extending the benefit of Section 41 of the Transfer of Property Act, 1882, to the defendants despite the lack of specific pleadings, and no evidence to show consent of interested persons. Headnotes† Transfer of Property Act, 1882 – Section 41 – Transfer by ostensible owner – Consent of persons interested in the immovable property required – No specific pleading or evidence showing the consent, whether express or implied, of the interested persons – Relief granted in favour of defendants by the High Court relying on Section 41 was
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