MURID KHAN Vs. USMAN KHAN

JUDGEMENT

(1.) Whether the transaction of oral sale requiring compulsory registration under Section 54 of the Transfer of Property Act is saved by the doctrine of part performance is the question which falls for determination in this appeal.

(2.) The plaintiffs respondents brought a suit for redemption of agricultural land which they had mortgaged in favour of the defendants appellants on 20th of April, 1950 for Rs. 508/-. Subsequently by an oral sale the equity of redemption was also sole to the appellants on 5th of May, 1955 for a sum of Rs. 492/-. The provisions of Section 54 of the Transfer of Property Act were extended to Punjab on 1st of April, 1955 and on the assertion that the oral sale was invalid the plaintiffs sought redemption of the suit property on payment of Rs. 508/-.

(3.) The trial Judge passed a preliminary decree for redemption on payment of Rs. 1192/- with interest and the defendants having also failed in their appeal have come again to this Court in second appeal.