Home  /  Transfer of Property Act  /  Section 119

Section 119: Right of party deprived of thing received in exchange

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 118 All 137 Sections of Transfer of Property Act Section 120

Legal Commentary & Landmark Judgments: Section 119

Section 119 defines the statutory remedies of a party deprived of a thing received in exchange by reason of any defect in the title of the other party, entitling them to recover the property transferred or claim compensation.

  • Deprivation by Defective Title: If any party to an exchange or any person claiming through or under him is by reason of any defect in the title of the other party deprived of the thing or any part of the thing received by him in exchange.
  • Two Statutory Remedies: Unless a contrary intention appears, such other party is liable: (a) for loss caused by such deprivation, or (b) at the option of the person so deprived, for the return of the thing transferred, if still in the possession of such other party or his legal representative or a transferee without consideration.
  • Protection to Bona Fide Purchaser: Return of property cannot be claimed against a transferee for consideration without notice.
Key Landmark Precedents:
  • B. Arvind Kumar v. Govt. of India, (2007) 5 SCC 745: Examined exchange remedies under Section 119, holding that title warranty is mutual and breach allows restitution.
  • Dahiben v. Arvindbhai Kalyanji Bhanusali, (2020) 7 SCC 366: Affirmed that failure of title in exchanges warrants restoration of the original property under Section 119.
Courtroom Practice & Strategic Litigation Guidance:

If land received in an exchange is lost due to a prior hidden mortgage, sue under Section 119 for return of your original land if still held by the other party, or claim full market damages.

Section 118 All 137 Sections of Transfer of Property Act Section 120