https://www.taxtmi.com/caselaws?id=198017 Section 55(2) of the Transfer of Property Act implies a seller's covenant that the professed interest exists and the transferor has power to convey it, so that an unaware purchaser may claim damages if the defect later emerges. That implied warranty is not available where the buyer knowingly purchased from a seller without title and entered the transaction to create litigation. In such a case, the arrangement may also offend Section 23 of the Contract Act because its object is fraudulent and injurious to another. On these facts, the plaintiff was not entitled to recover the litigation expenses from the prior proceedings. en-us Tue, 16 Nov 1965 00:00:00 +0530 Sat, 20 Jan 2018 17:29:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198017 Section 55(2) of the Transfer of Property Act implies a seller's covenant that the professed interest exists and the transferor has power to convey it, so that an unaware purchaser may claim damages if the defect later emerges. That implied warranty is not available where the buyer knowingly purchased from a seller without title and entered the transaction to create litigation. In such a case, the arrangement may also offend Section 23 of the Contract Act because its object is fraudulent and injurious to another. On these facts, the plaintiff was not entitled to recover the litigation expenses from the prior proceedings. Case-Laws Indian Laws Tue, 16 Nov 1965 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198017