ISSUE:
Whether the suit property purchased by the plaintiff was misled, fraudulent and erroneous made by the transferor, lead to the cancellation of sale deed?
RULE:
If at the time of transfer, the vendor might have defective title or have no title or no right or interest, however subsequently the transferor acquires the right, title, or interest and the contract of transfer subsists, such a transfer is valid. In such a situation, the transferor cannot be permitted to challenge the transfer and the transferor has no option to raise the dispute in making the transfer.
The intention of Section 43 of TP Act is based on the principle of estoppel as well as equity. The intention seems to be that after procuring money and transferring the land, thereafter the transferor is estopped from saying that though he has sold the land on payment of sale consideration, still the transfer is not binding on him.
That is why Section 43 gives an option to the transferee and not the transferor.