plaintiffs have purchased. After coming into force of the Act of 1950 with effect from 31-3-1951 though on 14-4-1954 Raiyati rights were reserved in favour of Anjor Singh, but subsequently, the same was set aside and reviewed by the competent authority and ultimately, the Additional Collector on 30-12-1970 came to the conclusion that the provisions of Section 54(ii) of the Act of 1950 were not attracted and declared the lands in dispute to be vested in the State which was subsequently confirmed in first appeal and second appeal by the Additional Commissioner and the Board of Revenue, respectively, and during the pendency of revenue proceeding, Anjor Singh gave the suit lands to defendants No.2, 3 & 4 in partition and thereafter, they have transferred the same in favour of the plaintiffs. As such, the State of Chhattisgarh was real owner of the suit land and there was no consent express or implied by the State of Chhattisgarh, which is one of the main ingredients of Section 41 of the Transfer of Property Act, 1882. Defendants No.2, 3 & 4 were not ostensible owners of the suit land, as there was no consent of real owner and except enquiring the revenue records, nothing has been done by the plaintiffs to ascertain whether defendants No.2, 3, 4 & 5 were competent to transfer or alienate the lands or not. The plaintiffs have purchased the suit property as such, the provisions of Section 41 of the Transfer of Property Act, 1882 are not attracted at all and they cannot be said to be bona fide purchasers.
