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transfer of property (ostensible owner)

(Querist) 05 October 2010 This query is : Resolved 
Say 'A' is the ostensible owner of a plot of land which is purchased bonafide by 'B'. 'B' again sells the same land to 'C'. Now 'D' the real owner sues 'C' for declaration of right, title and interest and cancellation of sale-deed. Now can 'C' draw the protection of Section 41 of TP.

Any decisions????
Uma parameswaran (Expert) 06 October 2010
Section 41 is protecting the transfer only and not the transfer or.


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