DWIVEDI,J. - (1.) JUDGEMENT This second appeal was heard by Sri Justice Seth. He has formulated two questions and referred them to a larger Bench lor opinion. These questions are :- "(1) whether title to a property in case of auction sale by the Custodian passes on the date of the sale or on the date of deposit of the sale amount or on the date when the sale deed is executed in respect of such sale? (2) Whether in case of auction sale by Custodian execution of sale deed is essential in law?"
(2.) IT is not necessary to mention facts of the case, for we think that the questions referred to us are pure questions of law. Section 10(2)(o) of the Administration of Evacuee Property Act is the only material provision. It is necessary to interpret this provision for answering these questions. Section 10(2)(o), in so far as it is material for our purpose, reads :- ".....the Custodian may. . . . transfer in any manner whatsoever any evacuee property, notwithstanding anything to the contrary contained in any law or agreement relating thereto : ................... It appears to us that the second question stands first in order of priority. If our answer to this question is in the affirmative, the first question answers itself. If our answer to the second question is in the negative, then alone it will be necessary to find out whether title to the property auction-sold by the Custodian passes on the date of the auction or on the date on which the auction money is deposited. So, we shall take up the second question first.
(3.) UNDER Section 8 of the Administration of Evacuee Property Act the evacuee property vests in the Custodian. It has been held that notwithstanding this vesting the evacuee continues to be the owner of the property. When the Custodian sells the evacuee property under Section 10(2)(o), he sells it, in effect for the evacuee in exercise of his statutory power. The property sold by him may in one case be worth less than Rs. 100/-and in another more than Rs. 100/-. To either sale, prima facie, the provisions of the Transfer of Property Act would apply. So the sale of a property worth less than Rs. 100/- may be made either by a registered instrument or orally by delivery of possession. Title to such property shall pass to the vendee on his taking possession. The sale of a property worth Rs. 100/- or more may be made only by a written and registered sale deed. Title to such property shall pass to the vendee only on the due execution and registration of a sale deed.;