Supreme Court · 2024 INSC 516 · Decided 10 July 2024
Duni Chand v. Vikram Singh and Others
- Court
- Supreme Court of India
- Citation
- 2024 INSC 516 · [2024] 7 S.C.R. 1202
- Case number
- CIVIL APPEAL No. 8187/2023
- Decided
- 10 July 2024
- Bench
- VIKRAM NATH, PRASHANT KUMAR MISHRA (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 41
Headnote
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. Transfer of Property Act, 1882 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 unwarranted.
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