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Ram Prasad Vs. Musammat Bedo - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in13Ind.Cas.436
AppellantRam Prasad
RespondentMusammat Bedo
Excerpt:
transfer of property act (iv of 1882), sections 54, 123 - sale or gift, how effected--registration--mutation--estoppel--statement by donor before mutation officer that the donee's name may be recorded, whether alone sufficient to affect transfer--suit by donor for possession, whether maintainable. - .....of the lower court is established, unless certain statements which the plaintiff made in certain mutation proceedings prevented her from bringing the present suit. in our opinion these statements mean at most that it was at that time the intention of the plaintiff to make a gift of her share in the properly to the defendant. under sections 51 and 123 of the transfer of property act, a sale or gift of an interest in immoveable property must be proved by the production of documents executed and registered according to the provisions of the act it. cannot for one moment be urged that the statements made by the plaintiff in the mutation proceedings complied with the terms of these sections or that they estopped her from maintaining the suit. we accordingly dismiss the appeal with costs,.....
Judgment:

1. In our opinion the decision of the Court below was quite correct. It is admitted that the plaintiff's title to recover possession of the property in suit upon the terms and conditions mentioned in the decree of the lower Court is established, unless certain statements which the plaintiff made in certain mutation proceedings prevented her from bringing the present suit. In our opinion these statements mean at most that it was at that time the intention of the plaintiff to make a gift of her share in the properly to the defendant. Under Sections 51 and 123 of the Transfer of Property Act, a sale or gift of an interest in immoveable property must be proved by the production of documents executed and registered according to the provisions of the Act It. cannot for one moment be urged that the statements made by the plaintiff in the mutation proceedings complied with the terms of these Sections or that they estopped her from maintaining the suit. We accordingly dismiss the appeal with costs, including fees in this Court on the higher scale.


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