AIR 1962 SUPREME COURT 847 ::1963 (1) AndhLT 119 ::1962 2 SCJ 303

Supreme Court Of India

(From Madras : AIR 1953 Mad 637 (FB))

Hon'ble Judge(s): J. L. Kapur, M. Hidayatullah, J. C. Shah, T. L. Venkatarama Ayyar , JJJ

(A) Transfer of Property Act (4 of 1882) , S.43, S.6(a)— Transfer of property by sale - Transferor having spes successionis selling property - Transferor representing that he has present interest in property - S. 43, and not S . 6 (a), applies - Distinction between S. 43 and S. 6(a). 65 Mad LJ 588 : AIR 1933 Mad 795 : 145 Ind Cas 965, Overruled. Where a person transfers property representing that he has a present interest therein, whereas he has, in fact, only a spes successionis, the transferee is entitled to the benefit of S. 43, if he has taken the transfer on the faith of that representation and for consideration.(Para 18) Such a construction of S. 43 has not the effect of nullifying S. 6(a). Section 6(a) and S. 43 relate to two different subjects, and there is no necessary conflict between them. Section 6(a) deals with certain kinds of interests in property mentioned therein, and prohibits a transfer simpliciter of those interests. Section 43 deals with representations as to title made by a transferor who had no title at the time of transfer, and provides that the transfer shall fasten itself on the title which the transferor subsequently acquires. Section 6(a) enacts a rule of substantive law, while S. 43 enacts a rule of estoppel which is one of evidence. The two provisions operate on different fields, and....