Law:

Section:

(On appeal from the judgment and decree of the High Court of East Pakistan, Dacca, dated the 18th August 1959, in appeal from Original Decree Nos. 47 and 49 of 1957, read with the judgment and order dated the 5th April 1960, in Application for Leave to Appeal to Supreme Court of Pakistan No. 22 of 1960).   Contract-----Parties deliberately choosing to give to transaction a particular formMust bear consequences-(Whether an amount of money was a "loan" or "advance payment of rent.")   Fraud-Party to fraud not to be allowed to plead his own fraud.   Charge--What Is.   A charge comes into existence when property of one person is by act of parties or operation of law made security for the payment of money to another and the transaction does not amount to mortgage.   (d) Registration Act (XVI of 1908)----S. 2 (6) and General Clauses Act (X of 1897), S. 3 (25)-Benefit "to arise out of land"- Future rents and profits when can be said to be benefit "to arise out of land" and as such to be "immovable property".   Rent, In respect of a property, already accrued would not be immovable property, for it cannot be said "to arise out of land". But future rents and profits are benefit to arise out of immovable property and, therefore, are immovable property. Future rent payable by lessee to whom the property has already been leased, however, has two aspects and it is only in one of its aspects that it is to be regarded as immovable property. In one aspect, it is a benefit which arises out of the use of the land. In the other aspect, however, it is merely a consideration for the transfer of rights in land. In a lease the lessor transfers an interest in immovable property to the lessee and the rent is consideration to the transfer. A right to receive the consideration for a lease is not immovable property any more than a right to receive the consideration in the case of a mortgage or sale of immovable property is Immovable property.   M. E. Moolla Son Ltd. (in Liquidation) v. Official Assignee of the High Court of Judicature at Rangoon and others 63 I A 340 ref.   Registration Act…