Dhanpat v Sohan Lal
Rule established
One who accepts benefit under a transaction must confirm the whole; approbation and reprobation impermissible (doctrine of election)
Facts
- Deed transferred property belonging to another person while conferring monetary benefit on the true owner
- True owner accepted the monetary benefit
- Later challenged the transfer of his property
Issue
- Whether acceptance of benefit under a deed constitutes implied election confirming the transfer.
Held
- The beneficiary who accepted the monetary benefit with full knowledge was deemed to have confirmed the transfer. A person cannot approbate and reprobate: cannot take the benefit while rejecting the burden.
Ratio Decidendi
S.35 TPA embodies the equitable principle: he who takes advantage under a deed is bound by the whole deed. Acceptance + knowledge = implied confirmation (election by conduct).
How to use it in an exam
Cite for implied election problems. Key line: "Acceptance of benefit with full knowledge constitutes implied election confirming the entire transaction."
Source
Source: Indian Law Reports (1906) 28 Allahabad 568
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Doctrine of ElectionImplied election by conduct