AIR 1949 NAGPUR 410

Nagpur High Court

Hon'ble Judge(s): J. Sen , J

(A) Transfer of Property Act (4 of 1882) , S.54— Sale of immovable property worth not more than Rs. 100 by means of unregistered sale deed - Deed does not transfer title but admissible to prove nature and quality of vendee's possession - Vendee can fall back upon title by delivery of property - Delivery of possession need not be contemporaneous with execution of deed Registration Act (16 of 1908) , S.49— In the case of a sale of immovable property worth not more than Rs. 100 by means of an unregistered sale deed, it is not necessary that delivery of possession should be contemporaneous with the execution of the sale-deed, and the sale would be valid even if possession of property is delivered in pursuance of the sale deed some time after its execution. A mere existence of an unregistered instrument does not prevent the vendee from falling back upon his title by the delivery of property, By mere delivery of property the vendee acquires a complete title and there is no reason why the fact that in addition to a good title to delivery he has a bad title by an unregistered instrument should prejudice him, The sale deed does not transfer title to the property in suit in favour of the vendee. The deed, however, is admissible for the purpose of proving the nature and quality of possession of the vendee: Case law relied on.(Para 12 ....