AIR 1989 HIMACHAL PRADESH 23 ::1988 Punj LJ 413 ::(1988) 1 Sim LC 340 ::(1988) 1 CurCC 1251 ::(1989) 1 LandLR 181 ::(1988) 2 LandLR 488

Himachal Pradesh High Court

Hon'ble Judge(s): V. P. Gupta , J

Transfer of Property Act (4 of 1882) , S.54, S.107, S.123, S.118— Applicability of provisions in the State of Punjab - Notification making Ss.54,107,123 only applicable in the State of Punjab and not S.118 - An oral exchange could be effected between the parties residing there - It was not necessary to effect the same by a registered document only. By virtue of a Notification No. 1605-R(CH) 55-569, only the provisions of S.54 (Sale) 107 (Lease) and S.123(Gift) were made applicable in the State of Punjab. The provisions of Transfer of Property Act based on justice, equity and good conscience could be made applicable in the State of Punjab for deciding various cases, but that does not lead to an inference that all the provisions of the Transfer of Property Act were applicable in the territories where T.P. Act was not enforced. The Courts, however, can rely upon the various provisions of the T.P. Act for guidance if such provisions are in consonance with principles of justice, equity and good conscience. An oral exchange thus was permissible in Tehsil Kullu in Punjab because S.118 of the T.P. Act was not made applicable to the State of Punjab. If the intention was to make S.118 of the T.P. Act applicable then while issuing the notification for making Ss.54, 107 and 123 of the T.P. Act applicable in the State of Punjab the notification could also include S.118 o....