KUTTUVA N LETCHUMANA BAGAVATHAR Vs. THOPPAI LVENKATRAMAIER

JUDGEMENT

(1.) THIS is a case of transfer by a joint sub-lessee of his interest in the sublease. The transfer is of the "umari plants now standing or that may hereafter form in the undermentioned villages," and was, therefore, a transfer of an interest in immoveable property according to the decision in Seeni Chettiar v. Santhanathan Chettiar 20 M. 58. Therefore, it can only be made by a registered instrument executed by the transferor. The recent decision in Syed Ajam Sahib v. Ananthanarayana Iyer 35 M. 95 : 8 M.L.T. 437 : 8 Ind. Cas. 668 : 1 M.W.N. 766 : 21 M.L.J. 202 does not apply as the document before us is not a lease, and we are not prepared to extend it. We allow the appeal and restore the decree of the District Munsif with costs here and in the lower Appellate Court.