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Report No. 57

4.10. Principle well established.-

The principle underlying section 53 of the Transfer of Property Act is in accordance with justice, equity and good conscience, and has been held applicable even in areas where the Transfer of Property Act is not in force, or in cases8-9-10-11 not covered by the language of the section.

1. Akdramunnisa v. Mustafann, AIR 1929 All 238.

2. Md. Ishaq v. Md. Yusuf, AIR 1927 Lah 420.

3. (a) Abdul Hye v. Mir Mahomad, (1883) JLR 10 Cal 616 (PC). (b) Chidambaram v. Srinivas, 1914 ILR 37 Mad 227 (PC) (Moveable Property).

4. Ramanathan v. Unnamalai, AIR 1942 Mad 632.

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