Naraprath Kummali Kandungo Kurup and Another vs Paramboli Kandi Thavazhayil Ayavatan Krishna Kurup and Others

Though Section 41 of the Transfer of Property Act does not directly apply in favour of a Court auction-purchaser (the Transfer of Property Act dealing only with transfers by acts of parties), the principle of that section applies in favour of a Court auction-purchaser [Radha Madhab Paikara v. Kalpataru Roy 16 Ind. Cas. 811.

But on the finding of fact arrived at by the lower Appellate Court in this case, namely, that the 2nd defendant (Court auction-purchaser) was aware that the properties purchased by him did not belong to the judgment-debtors as their private property, there is no basis for the application of the principle of Section 41 of the Transfer of Property Act in his favour and we, therefore, dismiss this second appeal (filed by defendants Nos. 1 and 2) with the plaintiffs'' costs.