The main question that arises for consideration in this appeal is whether a conveyance by a Mahomedan in favour of his wife in satisfaction of her mahar debt is a sale within the meaning of the Transfer of Property Act and therefore requires to be in writing duly registered or whether it is a transaction called “Hibabil-ewaz” not requiring a registered document. The question arises in this case in the following circumstances.

A suit was instituted by the plaintiff for a declaration of his title to the suit property and for setting aside an order passed by the District Munsiff of Prodattur, as Small Cause Court Judge, in E. A. No. 617 of 1943 in execution proceedings in S. C. No. 54 of 1941. The plaintiff claimed his title to the suit property under a sale deed, Ex. P-I, dated 2nd May, 1941, from one Mahaboob Bi, the widow of one Kasim Peeran, for valuable consideration. According to him, Kasim Peeran in order to discharge the mahar debt due to his wife orally conveyed the suit property before his death to her and put her in possession thereof, and later on his widow conveyed her right, title to and interest in the suit property to the plaintiff for consideration. Defendants 1