(1.) THIS is a Letters Patent appeal from a decision of Mr. Justice N. J. Wadia. The appeal arises out of execution proceedings. The appellant is the assignee of a decree obtained by one Kapurji Magniram in July, 1931. The terms of the decree which was passed on an award were as follows: " Defendant do pay to plaintiff Rs. 22,900, Defendant do pay to plaintiff the said amount by annual instalments of Rs. 4,000. And interest on the said amount of Rs. 22,900 at the rate of 6 per cent. per annum should be paid until the amount is paid off. The first instalment should be paid before the end of July 1932. Subsequently before the same fixed time every year the instalments should be continued to be paid. As this amount is large, and as instalments are granted to defendant, for security of the plaintiff's amount a charge of the said amount has been placed on the property mentioned below. In case defendant fails to pay the amount of instalment at the time fixed, plaintiff do recover the amount of the said instalment out of the property over which a charge has been placed."
(2.) THEN follows a description of the property and there is a further recital:
(3.) THERE was formerly a conflict of authority as to whether an assignment of a decree creating or declaring rights to or in immoveable property exceeding Rs. 100 in value was compulsorily registrable under Section 17 (J) (b). The Calcutta and Allahabad High Courts said registration was not necessary because the assignment was not of any immoveable property but of the decree itself and the assignment did not of itself create an interest in the property. This High Court took a different view in Gopal Narayan v. Trimbak Sadashiv (1876) I.L.R. 1 Bom. 267 and Heptulla v. Mahomed (1909) 11 Bom. L.R. 356. But we are concerned not with Section 17(1) (b) but with the new provision Section 17(2) (e), which I have just read, and it is now quite clear that all that has to be considered is whether the decree or order or award as the case may be creates or declares etc. a right to or in immoveable property of a value exceeding Rs. 100. If it does, the assignment of it is compulsorily registrable.