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Kondu Kanhuji Dhavde Vs. Vishnu Moreshvar Bhat - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Case Number Second Appeal No. 200 of 1908
Judge
Reported in(1912)14BOMLR801; 17Ind.Cas.176
AppellantKondu Kanhuji Dhavde
RespondentVishnu Moreshvar Bhat
Excerpt:
.....of the land given subsequently to vendee-fresh conveyance not executed-operation of the deed as transfer-registration act(iii of 1877), sections 17(b)(c), 49.;to meet the cost of litigation for recovering possession of certain property, the plaintiff's guardian raised rs. 100 from the defendants and executed in their favour a registered deed agreeing to gall to them half of the property on condition that the defendants aided him with funds for the purpose. the plaintiff's guardian accordingly filed the suit, obtained possession, and delivered over a moiety to the defendants. there was no fresh conveyance passed then. later on, the plaintiff filed a suit to recover possession of the moiety from the defendants, alleging that as no fresh conveyance was passed by the guardian when..........should be regarded as sold to the vendee. and we have on the evidence the fact found by the court below that it was in consequence of this registered deed that the vendee was put into possession of the property, so that we have here a registered deed which has, as a matter of fact, taken effect as transfer. the only question is whether it has that effect in law. that is a question of fact and it has been found by the court below that there was a transfer in consequence and by operation of the registered deed in the case. on these grounds the decree must be confirmed with costs.
Judgment:

Chandavarkar, J.

1. The Transfer of Property Act provides that in the case of a sale of immoveable property of the value of Rs. 100 or more, the transfer shall be only by a registered deed. Whether in any particular case, there being a registered deed, that deed has the effect of creating the transfer contemplated by the Legislature must depend upon the circumstances of the case. Words of conveyance, it has been held, are not absolutely necessary to create a transfer. All depends upon the intention and acts of the parties. Now in the present case what the parties did was that they entered into a transaction, which they embodied in a deed. That deed, no doubt, is described as a contract of sale, but it was also registered, and it distinctly provided that on certain events happening the property should be regarded as sold to the vendee. And we have on the evidence the fact found by the Court below that it was in consequence of this registered deed that the vendee was put into possession of the property, so that we have here a registered deed which has, as a matter of fact, taken effect as transfer. The only question is whether it has that effect in law. That is a question of fact and it has been found by the Court below that there was a transfer in consequence and by operation of the registered deed in the case. On these grounds the decree must be confirmed with costs.


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