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Section 119 – Transfer of Property Act 1882

Transfer of Property Act 1882

 

119. Right of party deprived of thing received in exchange.—

 

1[119. Right of party deprived of thing received in exchange.—If any party to an exchange or any person claiming through or under such party is by reason of any defect in the title of the other party deprived of the thing or any part of the thing received by him in exchange, then, unless a contrary intention appears from the terms of the exchange, such other party is liable to him or any person claiming through or under him for loss caused thereby, or at the option of the person so deprived, for the return of the thing transferred, if still in the possession of such other party or his legal representative or a transferee from him without consideration.]

 

COMMENTS

 

Right of Party

The first respondent admitted that he received no rent from the appellant and that the appellant was his lessee-at-will is a false story. Therefore the respondent is liable to return the land to that extent; Jattu Ram v. Hakama Singh, AIR 1994 SC 1653.

 

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1. Subs. by Act 20 of 1929, sec. 59, for the original section.

 

 

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Transfer of Property Act 1882

 

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