AIR 1956 SUPREME COURT 17 ::1956 SCC 70 ::22 CutLT 101 ::1969 MadLW 872 ::1956 (1) MadLJ69 ::ILR 1956 Cut 425

Supreme Court Of India

27th October, 1955.

Hon'ble Judge(s): S. R. Das, Vivian Bose, B. Jagannadhadas, S. Jafer Imam, N. Chandrasekhara Aiyar , JJJ

(A) General Clauses Act (10 of 1897) , S.3(26)— Right to catch and carry away fish from specific portion of lake - Profit a prendre - Immovable property. Transfer of Property Act (4 of 1882) , S.3— Easements Act (5 of 1882) , S.52— The sale of a right to catch and carry away fish in specific portions of the lake over a specified future period amounts to a license to enter on the land coupled with a grant to catch and carry away the fish, that is to say, it is a profit a prendre which is regarded in India as a benefit that arises out of the land and as such is immovable property.(Para 9 10) Anno : AIR Com. T. P. Act, S. 3 N. 2; AIR Man., General Clauses Act, S 3 N 11; Easements Actg, S. 52 N.3. @page-SC18 (B) Transfer of Property Act (4 of 1882) , S.54— Sale of right to catch fish in a lake - Registration - Oral sale - Effect. A sale of a profit ' a prendre' (a right to catch fish in a lake) which is immovable property of the value of more than hundred rupees requires writing and registration under S. 54, T. P. Act. An oral sale in such a case does not pass any title or interest in the vendee. Anno: AIR Com., T. P. Act, S. 54 N. 17, 19, 20 and 21. ....