RAMJANAM AHIR Vs. BEYAS SINGH

JUDGEMENT

(1.) This appeal involves the interpretation of Section 41 of the Transfer of Property Act, hereinafter referred to as "the Act."

(2.) Before I give my view of the true meaning and interpretation of Section 41 of the Act, it is necessary to state a few facts and the contentions raised :by the parties before this Court.

(3.) The plaintiffs brought the suit out of which the present appeal arises, for declaration of their title to and possession over the disputed lands. Budhan and Mahabir, sons of Ajab Lall, were the admitted pwners of the disputed lands. Their descendants, by two registered sale deeds on 21-5-1929 and 12-1-1930. transferred the disputed lands to Most. Rajbahsi, who is defendant No. 6 in the present litigation. Rajbansi defendant No. 6, subsequently transferred her purchased lands to the plaintiffs under three registered sale deeds. On the basis of these sale deeds, the plaintiffs in their suit sought a declaration that Rajbansi, defendant No. 6, was the real owner of the disputed, lands, and, therefore, she had every right to transfer the same to the plaintiffs, and, accordingly, they had acquired title to the same by virtue of their purchase from her.