HAFIZ MOHAMMAD Vs. MASOODBI

JUDGEMENT

(1.) This further appeal under Section 100, Code of Civil Procedure by the defendant-tenant is against the decree for his eviction from a house. Admittedly, the house was let out to the appellant by the respondent. While this tenancy subsisted, the respondent sold away the house to one Fatimabi, vide sale deed dated 28-3-1981 containing the following stipulation :

(2.) Section 5 of the Transfer of Property Act defines the "transfer of property" as an act by which the transferer conveys property to the transferee or transferees. It necessarily contemplates that the transferer has interest in the property which is sought to be conveyed but the transferee has no such interest in such property as long as it is not conveyed by the transferer to him. "Sale" as defined under Section 54 of the Transfer of Property Act, denotes a transfer of ownership in exchange for a price paid or part paid. A completed sale creates rights and liabilities as mentioned in Section 55 of the Act. There is no particular charm in the word "sale" or in the word "transfer". The word "transfer" is used in a larger sense while "sale" is a specific word denoting transfer of ownership. "Transfer" would, therefore, include transfer by sale. The statutory consequences mentioned in Section 55 shall follow in absence of a contract to the contrary, i.e., in absence of a contract the terms of which are inconsistent with specified provision of that section.

(3.) Section 109 of the Transfer of Property Act speaks of transfer of property which is the subject of lease. It provides :