Kondu Kanhuji Dhavde vs Vishnu Moreshvar Bhat

Chandavarkar, J.—The Transfer of Property Act provides that in the case of a sale of Immovable 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.