16. A buys a house from B and gets possession. But later he was dispossessed by C owing to defect in title. What is the remedy available to A?

Facts of the Case:

A purchased a house from B and obtained lawful possession. Subsequently, C dispossessed A, claiming ownership of the property due to a defect in B’s title. A seeks legal remedy for being unlawfully dispossessed despite having purchased the property in good faith.

Issues in the Case:

1. Whether A, a bona fide purchaser for consideration and possession, has any legal remedy against C.
2. The effect of defective title from the seller (B) on A’s possession and rights.
3. Whether A can claim damages or recover possession under Indian Law.

Legal Principles Covered:

1. Transfer of Property Act, 1882: Section 41 states that a person who has obtained possession in good faith under a transfer for consideration is protected against dispossession, subject to certain conditions.
2. Doctrine of Nemo Dat Quod Non Habet: B could not transfer better title than he owned; hence, C may have a superior title.
3. Civil Remedies: Under Sections 6, 52, and 53 of the Transfer of Property Act, A may claim compensation from B for the loss suffered due to defective title.
4. Contract Law Principle: A can also sue B for breach of contract under the Indian Contract Act, 1872, as the seller failed to provide good title.

Possible Judgement:

The court is likely to hold that:

• C’s claim to the property prevails if B’s title was indeed defective.
• A cannot retain the property but is entitled to claim compensation from B for losses incurred due to defective title.
• Remedies may include restitution, refund of purchase consideration, and damages for loss of possession.

About Lawgnan

If you are facing disputes related to property purchase and defective titles, understanding your rights under Indian Law is crucial. Legal remedies are available for buyers who act in good faith but are dispossessed due to seller’s defective title. At Lawgnan, we provide detailed guidance, case analysis, and actionable solutions to help you protect your investment and claim rightful compensation. Don’t let property disputes derail your peace of mind. Visit lawgana.in now to consult experts, understand your legal options, and secure justice efficiently. Your property rights matter—act today!