RAM LAUT Vs. GOMTI

JUDGEMENT

(1.) HEARD learned Counsel for the parties at the admission stage under Order XLI, Rule 11, C. P. C.

(2.) THIS is plaintiff's second appeal. It arises out of original No. 798 of 1978. The relevant pedigree, which is essential to appreciate the controversy involved in the case is given below: - Bansraj Ram Nain ram Harakh = Budhna (dead)Ram Tahal (dead)Sarju (dead) Ramlaut (pltff.) Vikram Ramanand ramdeo D. 4 Tilak harangi D. 5 Janardan D. 6

(3.) THE plea was further barred by section 41 of Transfer of Property Act, which is quoted below "41. Transfer by ostensible owner- Where, with the consent, express or implied, of the persons interested in immovable property, a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be voidable on the ground that the transferor was not authorised to make it:"