AGARWALA, J. :- The following question has been referred to this Bench for decision :

"Does S. 43, T.P. Act, require that the transferee who can take advantage of it should be one to whom not only a fraudulent or erroneous re-presentation about the transferors authority to transfer the property is made but should also be one who did not have knowledge of the true factual position and had merely acted on the belief of the erroneous or fraudulent representation made to him by the transferor?"

2. The facts of the case briefly stated are as follows : One Bhagwati Prasad sold a shop, No. 89 in the city of Jhansi to Lachhman Rao Telang in the year 1936. The vendee could not obtain possession over the shop and so in 1946 filed a suit for recovery of possession.

During the pendency of the suit he transferred his rights to one Parmanand, who was then substituted as plaintiff for him. The defence to the suit was that Bhagwati Prasad owned only half the shop in 1936, the other half belonging to his brother Bankey Behari Lal.

In 1938 Bankey Behari Lal died and his share also was inherited by Bhagwati Prasad. The plaintiff, therefore, claimed that he was protected by S. 43, Transfer of Pro