Law: Registration Act, 1908

Section: 17,49

Law: Specific Relief Act, 1877

Section: 22

Law: Civil Procedure Code (V of 1908)

Section: 99

(a) Registration Act (XVI of 1908). Ss. 17 & 49-Transfer-­--Dispositive words necessary for operation of. In order that a document may operate as a transfer either in the present or in the future there must be dispositive words. The executant must say expressly or by implication. "I transfer", although he may make the transfer conditional on the happen. ing of any particular event. Where the dispositive word were "Arazi mazkura bala ke nisaf hissa ka dawa tha. Apne nisaf salim se 1/3 muzhira 2/3 maykuran ka hoga." Held, that the document was not compulsorily registerable. Hemanta Kumari Devi v. Midnapur Zamindari Co. I L R 47 Cal. 485 P C and Ida v. Muhammad Din A 1 R 1925 Lab. 78 distinguished. Even if the document did require registration the respondents would not derive any benefit because under the proviso to section 49 of the Registration Act it would still be admissible in a suit for specific performance, The present suit is in fact a suit for specific performance though framed apparently a, a suit for possession. (b) Civil Procedure Code (V of 1908), S. 99---Objection on score of frame of suit---Not entertainable unless affecting merits-­Suit for possession instead of for specific- performance- Whether permissible. Where the objection was to the form of the suit, viz., that the document being only executory a suit for possession did not lie, the only remedy being a suit for specific performance. Held, that the objection being to the form of the suit unless it could affect the decision of the case on merits it cannot be allowed to be taken in view of section 99 of the Code of Civil Procedure. Umer Din v. Fazal Din P L D 1952 Lab. 166 ref. (c) Champerty--- Agreement to transfer property in case of success of litigation, in consideration of funds received for financing same----To be examined most jealously by Court---Court's discretion to refuse relief-Specific Relief Act (I of 1877), S. 22. JUDGMENT KAIKAUS, J.---This regular second appeal arises out of a suit brought by Khawaja and Mulkhu appellants against Nur Alam and Muhammad Alam respondents (and Allah Dad res­pondent who is only pro forma) on the basis of an agreement executed by the mother of…

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