Ahmed, Raheem, and Sameer were joint-owners of a truck, and possession of the said truck was with Raheem. Sudhir purchased the truck from Raheem without knowing that Ahmed and Sameer were also co-owners of the truck. Wil

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
Ahmed, Raheem, and Sameer were joint-owners of a truck, and possession of the said truck was with Raheem. Sudhir purchased the truck from Raheem without knowing that Ahmed and Sameer were also co-owners of the truck. Will Sudhir get a good title ? Discuss in the light of the provisions of the Sale of Goods Act, 1930.

Answer & Explanation:

The general rule is that only the owner of goods can sell the goods. Conversely, the sale of an article by a person who is not or who has not the authority of the owner, gives no title to the buyer. The rule is expressed by the maxim; "Nemo Dat Quod Non Habet" i.e., no one can pass a better title than he himself has. The Act while recognizing the general rule that no one can give a better title than he himself has laid down important exceptions to it. Under the exceptions, the buyer gets a better title to the goods than the seller himself. As per Section 28 of Sale of Goods Act, 1930, if one of several joint owners of goods has the sole possession of them by permission of the co-owners, the property in the goods is transferred to any person who buys them of such joint owner in good faith and has not at the time of the contract of sale notice that the seller has not authority to sell. In the given situation, one of the joint owners Raheem had possession of the truck and Sudhir had purchased the truck without knowing that Ahmed and Sameer were also co-owners of the truck. Hence, applying the provisions of Section 28, property in truck passes to Sudhir and he gets a good title.

Topics: Sale of Goods Act, 1930

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