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1936 Supreme(Mad) 345

VARADACHARIAR
Chinnasami Chetty – Appellant
Versus
Manickammal – Respondent


JUDGMENT

Varadachariar, J.

1. This Letters Patent appeal arises out of a suit in ejectment. The plaintiff claims the suit property as one of the items which he purchased in execution of a decree passed on a mortgage given by one Dharma Goundan in the year 1913. Defendant 1 is a widow of the mortgagors brother. She claims that three years before the mortgage, the suit property had been sold to her husband by Dharma Goundan. The only question for our decision is whether by this sale which is said to have taken place in 1910, defendant 1s husband became in law the owner of the property. The document produced in evidence of the sale is admittedly unregistered, but as the sale was only for Rs. 75, the non-registration of the document is not fatal to the validity of the transfer if defendant 1 is able to establish a prior oral sale and delivery of possession in pursuance thereof, i.e., an oral sale sufficiently dissociated from the unregistered sale deed, that the one can be regarded as independent of the other. Both the lower Courts found that the consideration for the transfer by Dharma Goundan to his brother must have been paid a month or two and possession must also have been taken by

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