A sale is complete upon registration of the sale deed and the title of the property passes to the buyer upon registration.

1. :- Instant appeal, impugns the judgment and decree dated Feb. 23, 1985 of the learned District Judge Tonk whereby the suit instituted by the plaintiff respondent No.1 (for short the plaintiff) for possession of the property in question and recovery of mesne profits against the defendant appellant (for short the defendant No.1) and defendant respondent No.2 (for short defendant No.2) was decreed.

2. Brief facts are that the plaintiff instituted the aforementioned suit with the averments that shop in question was purchased by the plaintiff from the defendant No.1 through a registered sale deed dated December 22, 1979 in consideration of Rs. 27,000/-. Despite the fact of handing over the possession of the shop mentioned in the sale deed, the defendant did not hand over the actual possession, therefore the plaintiff was entitled to the possession of the said shop together with the mesne profits at the rate of Rs. 270/- per month. The defendant No.1 in his written statement pleaded that he had already handed over the possession of the shop through Prabhulal after execution of sale deed dated December 22, 1979, therefore he did not have any concern with the shop. The fact that he promised to handover possession within 7 days was wrong. The defendant No.2 in his separate written statement averred that the shop in dispute was the property of joint Hindu family consisting of defendant No.2 and other members of his family. The defendant No.1 had no right to sell the shop. It was further pleaded that shop was in the possession of one Suraj Karan since April 15, 1978 onwards. The suit was filed collusively by the plaintiff and defendant No.1 and no cause of action arose against the defendant No.2. Other legal objections regarding non-joinder of parties, improper valuation of suit etc. were also raised.

3. The learned trial court framed as many as eleven issues which have been incorporated in the impugned judgment.

4. The plaintiff examined as many as four witnesses whereas the defendants produced five witnesses. As many as four documents were exhibited by the parties.

5. The learned trial court decided issues No. 1,2,3,4,5,8,9,10 and 11 in favour of the plaintiff. The issues No. 6 & 7 were found unnecessary and they were not decided.

6. During the pendency of the appeal an application under Order 41 Rule 27 Civil Procedure Code was filed by the defendant No.2 along with a copy of the registered sale deed dated June 6. 1922.

7. Assailing the impugned judgment and decree Mr. Narendra Jain, learned counsel appearing for the defendants, canvassed that sale deed dated April 5, 1978 (Ex. A 1) was not proved and it could not have been read in evidence. The executor of the sale deed Shri Rameshwar as well as the attesting witnesses Radhey Shyam and Ridhikaran were not examined. More so the sale was not complete and title of land did not pass. It is evident that actual physical possession was not handed over. The provisions of section 67 of the Evidence Act and section 54 of the Transfer of Property Act are attracted and decree for possession could not have been granted in favour of the plaintiff. Learned counsel further contended that the property in issue was ancestral property and could not have been sold by Rameshwar. Therefore issue No.5 was wrongly decided. In support of the application under Order 41 Rule 27 Civil Procedure Code., learned counsel contended that from the document dated June 6, 1922 it is apparent that property in dispute was ancestral property and it could not have been sold by Shri Rameshwar alone. Taking on record the said document is necessary for the just decision of the case therefore the application under Order 41 Rule 47 Civil Procedure Code may be accepted. Learned counsel further contended that filing of suit for cancellation of sale deed was not necessary and mesne profits of the property were also not properly calculated. Mr. Jain learned counsel placed reliance on the following:

1. AIR 1937 Manipur page 9 (