JUDGMENT : AIKMAN, J.:— This appeal arises out of a suit brought by the respondents to obtain possession of certain property purchased by the appellant Dungaria on the allegation that the persons from whom the purchase had been made had no title to the property. The Court of first instance dismissed the claim, but on appeal the learned Subordinate Judge gave plaintiffs a decree. 2. The purchaser comes here in second appeal. On the part of the appellant, reliance is placed on the fact that one of the plaintiffs, Nand Lal, admitted in the Revenue Court that he and the appellant's vendors were heirs of the last owner, and that he consented to the names of all of them being recorded in the Revenue papers as owners by right of inheritance. 3. It is not shown how this admission would bind the other plaintiff, Kunwarpal. 4. The lower appellate Court finds that the appellant's vendors had no title to the property, and that it was by a mistake of law that Nand Lal admitted their right. In appeal it is urged that the respondent's suit is barred by the provisions of section 41 of the Transfer of Property Act. In my opinion this plea cannot be sustained. I think the learned vakil for the respondents, who has argued the ease very well, is right in his contention that the consent referred to in the section must be an intelligent consent and not one brought about by misapprehension on the part of the person making it as to his legal right. Apart from this I am unable to see how the appellant, if he had taken reasonable care to ascertain the true state of things, could have failed to discover that his vendors had in reality no title to the property. 5. The second plea is that the plaintiffs are precluded by the law of estoppel from recovering. It has been held in the case relied on by the lower Court, Jagwant Singh v. Silan Singh, [1899] I.L.R., 21 All., p. 285, that an admission on a point of law is not an admission of a thing within the meaning of section 115 of the Evidence Act. 6. In my opinion the appeal fails and is dismissed with costs.