By the Court—This reference has been made to the full Bench in a mutation case, in the following words:—

"Whether it is necessary to have a deed in writing duly registered before the mutation can be effected in the name of the vendee (a) when the sale is disputed, (b) when it is not disputed."

2. The plots in dispute were owned by Chiranji and two others. Chiranji alone is alleged to have sold them orally for Rs. 2,000/- to the appellants, whose application for mutation was rejected by the lower courts on the ground that no sale of immovable property of the value of Rs. 100/- and more could be effected without a registered instrument, according to sec. 54 of the Transfer of Property Act and sec. 17 of the Registration Act and that in the absence of a registered deed, the transaction between the parties did not amount to a sale.

3. "Sale" is defined in sec, 54 of the transfer of property Act as under : —

"Sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised. Such transfer, in the case of tangible immovable property of the value of one hundred rupees and upwards, can be made only by a registered instrument.

In the case of tangible immovab

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