Reviewed case brief

Bishan Dayal v Kesho Prasad

AIR 1940 All 483

A purchaser must exercise such care as a man of ordinary prudence would. Relying solely on possession without checking title documents does not meet the "reasonable care" standard under S.41.

property-lawostensible-ownerreasonable-caresection-41due-diligence
Court
Allahabad High Court
Year
1940
Subjects
Property Law
Reviewed
2026-06-30

Rule established

Reasonable care under S.41 requires inquiry into title records; reliance on possession alone is insufficient

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1940 All 483

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.