Relief for property buyers misled by vendors


Applying the principle of feeding the grant by estoppel under section 43 of the Transfer of Property Act, 1881, the Supreme Court in a recent judgment granted relief to a party who was misled into purchasing a property by an erroneous representation of title by the vendor.

In the case of Tanu Ram Bora v Promod Ch. Das through LRs & ors, the appellant before the Supreme Court had instituted a title suit in 1995 seeking the declaration of title over a plot. The plot was purchased by him in 1990 without noticing that it was declared as ceiling surplus land by the government two years ago. However, later the same year, the land was declared free of the ceiling limit. He then registered the title’s transfer in local government records in 1991.

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