Case Analysis: Jumma Masjid V. Kodimaniadra Deviah

Monika Bidiyasar, Manipal University Jaipur

Introduction

The case of Jumma Masjid v. Kodimaniadra Deviah (1962) is a landmark legal decision in context of section 43 of Transfer of Property Act,1882 which deals with transfer of property by unauthorized person who subsequently acquires interest in the property transferred. Section 43 is the Statutory recognition of the doctrine of Feeding the grant by Estoppel which stipulates that transfer of a property by an unauthorized person who subsequently acquires the interest in that property is bound to feed the transfer grant by estoppel. The essence of a case lies in protecting the innocent buyers who may fall victim to deceitful actions by vendors making false representations during the transactions. It further discussed the Rule of Estoppel and when it could be resorted to the Transfer of Property Act, 1882. This case, which originated in a Hindu joint family context, lays down the guidelines for interpreting and distinguishing the two important provisions of the act i.e. section 6(a) and section 43.