Justices BR Gavai and CT Ravikumar
Justices BR Gavai and CT Ravikumar

Encroacher not 'transferee', cannot claim benefit under Section 51 of Transfer of Property Act: Supreme Court

The Court was of the view that in order to attract Section 51, the occupant of the land must have held possession under the colour of title, and his possession must have been adverse to the title of the true owner.

The Supreme Court recently held that an encroacher cannot be treated as a ‘transferee’, and therefore cannot claim a 'right to require' under Section 51 of the Transfer of Property Act of 1882 (TP Act) [Baini Prasad through LRs v. Durga Devi].

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