Rambaran Prasad v. Ghura Dei

AIR 1979 Pat 142Patna High Court1979Property Law
property-lawTPAsection-119exchange

Rule established

Under S.119, if a party is evicted from property received in exchange due to defective title, the exchange is voidable and the party can recover their original property

Facts

  • A and B exchanged properties
  • A was later evicted from the property received from B because B had defective title
  • A sought to rescind the exchange and recover their original property from B

Issue

  1. Whether S.119 entitles a party evicted from property received in exchange to rescind the exchange and reclaim their original property.

Held

  • Yes. S.119 protects parties to an exchange against the risk of defective title. If a party is deprived of the property received, the exchange becomes voidable at their option. They can: (a) rescind and recover their original property; or (b) claim compensation for the loss.

Ratio Decidendi

S.119 exists because in an exchange (unlike a sale), both parties give up their property simultaneously. If one receives defective title, they lose both their original property and the received property. S.119 provides an equitable remedy: rescission to restore the status quo ante.

How to use it in an exam

Use in problems involving defective title in exchange transactions. Key line: "S.119: eviction from exchanged property → exchange voidable → recover original property or claim compensation."

Source

Source: Avatar Singh, Law of Transfer of Property

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.

Cited in study notes

ExchangeS.119 remedy on eviction