Instructions

Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other
words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most
reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.

Question 195

PRINCIPLE: Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.

FACTS: 'A', a Hindu who has separated from his father 'B', sells to 'C three fields, X, Y and Z, representing that 'A' is authorized to transfer the same. Of these fields Z does not
belong to 'A', it having been retained by 'B' on the partition; but on B's dying 'A' as successor obtains Z, and at that time 'C had not cancelled the contract of sale.


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