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Section 50: Rent bona fide paid to holder under defective title

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 49 All 137 Sections of Transfer of Property Act Section 51

Legal Commentary & Landmark Judgments: Section 50

Section 50 protects bona fide tenants from being compelled to pay rent twice, providing that no person shall be chargeable with rent paid bona fide to a holder under a defective title.

  • Bona Fide Rent Payment Defense: No person shall be chargeable with any rents or profits of any immoveable property, which he has in good faith paid or delivered to any person of whom he held such property.
  • Defective Title Protection: Shields the tenant even though it may afterwards appear that the person to whom such payment or delivery was made had no right to receive the same.
  • Good Faith Requirement: Payment must be made without notice of the true owner's adverse title or ongoing title decree.
Key Landmark Precedents:
  • R.V. Bhupal Prasad v. State of A.P., (1995) 5 SCC 698: The Supreme Court held that Section 50 protects tenants who pay rent in good faith to their ostensible landlord before receiving notice of a title decree in favor of a third party.
  • Mohar Singh v. Devi Charan, (1988) 3 SCC 63: Affirmed that a tenant is protected from double rent claims until served with formal notice of title severance.
Courtroom Practice & Strategic Litigation Guidance:

If served with rival rent demands from warring co-owners, file an Interpleader Suit under Section 88 and Order 35 CPC depositing rent in court to preserve Section 50 immunity.

Section 49 All 137 Sections of Transfer of Property Act Section 51