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Poomalai Udayan and ors. Vs. Karuppa Servai - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in34Ind.Cas.921
AppellantPoomalai Udayan and ors.
RespondentKaruppa Servai
Cases ReferredMuthukaruppan Samhan v. Muthu Samban
Excerpt:
registration act (xvi of 1908), sections 49, 17 - transfer of property act (iv of 1882), section 54--evidence--unregistered sale-deed for less than hundred rupees--admissibility to prove contract of sale. - .....by section 17 to be registered. we think that the present case differs from that of muthukaruppan samhan v. muthu samban 25 ind. cas. 772 : (1914) m.w.n. 768, that there is clear evidence and a finding that there was an oral sale and a transfer of the property or delivery of possession, and the document was merely in corroboration thereof.2. the second appeal is dismissed with costs.
Judgment:

1. The sale-deed in question related to a sale of an interest less than Rs. 100 in value, and its registration was therefore optional (Registration Act, Sections 17 and 18). Section 54 of the Transfer of Property Act, 1882, provides that a transfer of land of a value less than Rs. 100 may be made either by a registered instrument or by delivery; accordingly an unregistered instrument unaccompanied by delivery will not operate as a transfer; but no provision of law has been cited which prohibits such a document from being admitted in evidence of the contract of sale. Section 49 of the Registration Act deals only with documents required by Section 17 to be registered. We think that the present case differs from that of Muthukaruppan Samhan v. Muthu Samban 25 Ind. Cas. 772 : (1914) M.W.N. 768, that there is clear evidence and a finding that there was an oral sale and a transfer of the property or delivery of possession, and the document was merely in corroboration thereof.

2. The second appeal is dismissed with costs.


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