LAWS(PVC)-1935-4-8

ABDUL ALIM Vs. ABDUL SATTAR

Decided On April 05, 1935
ABDUL ALIM Appellant
V/S
ABDUL SATTAR Respondents

JUDGEMENT

(1.) This is an appeal from a decision of the Court of the Subordinate Judge, 3 Court, Tipperah, allowing an appeal from the Court of the Munsif Kasba, which dismissed the plaintiff's suit. The question for determination is the title to a plot of land which originally belonged to Jainuddin and which the plaintiff bought from his three sons in Magh 1335 B.S. The defendant claims it on the ground that Jainuddin's widow and son mortgaged the land to him and put him in possession in lieu of paying interest, and finally sold it to him in 1320 B.S. The kobala by which this sale was effected was not registered and the learned Munsif in the trial Court held that it was inadmissible in evidence as a title deed, but could be admitted to show the nature and character of the defendant's possession since its date.

(2.) He held further that the plaintiff had not proved that his vendors had been in possession within 12 years of the date of the kobala and that the defendant had been in adverse possession for more than 12 years. The lower appellate Court found that there was no transfer of possession and therefore no sale to the defendant and that was conceded by his pleader in the trial Court. It was held however that the unregistered kobala could not be used to prove adverse possession, and that in the absence of such proof the plaintiff's title prevailed.

(3.) The property in dispute is tangible immoveable property of a value less than Rs. 100 and a sale can be effected under the provisions of Section 54, para. 3, T. P. Act, either by a registered instrument or by delivery of the property. Section 4, T. P. Act, provides that this paragraph shall by read as "supplemental to" the Registration Act, and the question has arisen whether an instrument of sale of tangible immoveable property of a value less than Rs. 100 must be treated as being compulsorily registrable as coming with-in the provisions of Section 17, Registration Act.