Q. What are the equivalent citations for Narahari Sahu vs Sira Korithan Naidu ?

The equivalence citation are(1913) 24 MLJ 462 ; 1913 MWN 415 ; 19 IND. CAS. 881 ; LQ/MadHC/1913/57 ;

Narahari Sahu Vs. Sira Korithan Naidu On 19 February, 1913

Q: Q. What was the bench assigned for the case Narahari Sahu vs Sira Korithan Naidu?

HONBLE MR. JUSTICE BENSON , HONBLE JUSTICE MR. SUNDARA AIYAR

iDraf

Issue

Open iDraf

Narahari Sahu v. Sira Korithan Naidu

Narahari Sahu
v.
Sira Korithan Naidu

(High Court Of Judicature At Madras)

Second Appeal No. 837 Of 1912 | 19-02-1913

[1] The question for decision in this second appeal is whether the plaintiff who purchased the property in question from the holder of a service Inam, who was prohibited by law (Section 5 of Act VI of 1895) from alienating the property can claim a valid title to it on the ground that the Inam was subsequently enfranchised and a patta for the land was granted to the alienor. The principle of Section 43 of the Transfer of Property Act has no application to such a case, where the invalidity of a transfer is due merely to the transferor not having a title or having only a defective title, the subsequent acquisition of a good title would enable the transferee to claim the benefit of the title acquired under the rule laid down in the section, but it can have no operation when the alienation is forbidden by law on grounds of public policy. C, Ramasami Naik v. Ramasami Chetti (1906) I.L.R. 30 M. 255 where it was held that the sale of an expectancy, which is forbidden by Section 6 of the Transfer of Property Act cannot be improved by the transferor subsequently acquiring an estate in possession. We are with all deference unable to agree with the decision in L. Angannya v. Droor Narasamma (1907) 18 M.L.J. 248. We dismiss the Second Appeal with costs.

Advocates List

For the Appearing Parties ----

Bench List

HON'BLE MR. JUSTICE BENSON

HON'BLE JUSTICE MR. SUNDARA AIYAR

Eq Citation

(1913) 24 MLJ 462

1913 MWN 415

19 IND. CAS. 881

LQ/MadHC/1913/57

HeadNote

Transfer of Property Act, 1882 — S. 43 — Applicability of — Alienation of property prohibited by law — Subsequent acquisition of good title by alienor — Effect of — Held, where invalidity of transfer is due merely to transferor not having a title or having only a defective title, subsequent acquisition of a good title would enable transferee to claim benefit of title acquired under rule laid down in S. 43 but it can have no operation when alienation is forbidden by law on grounds of public policy — Transfer of Property Act, 1882 — Ss. 43 and 6