Equitable doctrine of proviso to S. 41 which protected a subsequent transferee,

Sec. 41, proviso –
Sc.12, 27(b), 42, 54 of Specific Relief Act.

-    Equitable doctrine of proviso to S. 41 which protected a subsequent transferee, it is upon subsequent transferor to establish that he had acted in good faith and had taken reasonable care such as checking with the Sub-Registrar etc. before entering into transaction and that he had given valuable consideration for such transfer. Such equitable doctrine was a deduction from the law of estoppel which must be pleaded clearly with specific facts. Burden of proof is always on the person who pleaded such protection.


2012 SCMR 84
Rel: 2002 SCMR 2003