Rambaran Prasad v. Ghura Dei
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
- 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.