RAWAS KHAN versus HAMIDULLAH
The Section 41 transfer by the unlawful owner exempted the rule in section 41 of the Property Act, 1882, which ruled that no person could give a better title to it, but a person entitled to protection under section 41 would have to prove it. The transferor was authorized; the transferor had the option of transferring the property to the property, assuming that the real owner had the consent, express or impetus for the transfer of the property and that the transfer acted in good faith. Where none of the above elements were missing, the transfer of property was not entitled to take advantage of the principle of section 41 of the Act of 1882. A.
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