MAZHARUL ISLAM AND OTHERS Vs. KHACHER BUX AND ANOTHER

JUDGEMENT

(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 :-

(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.

(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.