Question

One of the joint owners of goods under section 28 of the Sale of Goods Act, 1930 can pass a valid title to the buyer, where:

• A. He is in sole possession of the goods in his own right
• B. He is in possession of the goods along with another co-owner
• C. He is in sole possession of the goods with the permission of other co-owners
• D. He is in sole possession of the goods without the permission of other co-owners

Hint:

Under Section 28 of the Sale of Goods Act, a joint owner can pass valid title when he has sole possession with permission of the other co-owners.

Answer 1

The Correct Option is C

Concept: Section 28 of the Sale of Goods Act deals with sale by one of several joint owners. It is an exception to the rule that no one can transfer a better title than he himself has.

Step 1: Understand joint ownership of goods.
When goods are jointly owned, ordinarily one joint owner cannot alone transfer complete title unless the statutory condition is satisfied.

Step 2: Identify the statutory condition.
A joint owner can pass valid title if he is in sole possession of the goods with the permission of the other co-owners. \[ \text{Sole possession + Permission of co-owners} \Rightarrow \text{Valid title to buyer} \]

Step 3: Reject wrong cases.
Possession without permission is not enough. Joint possession with other co-owners also does not fit the requirement of section 28. Therefore, the correct answer is option (C).