Hon’ble Pankaj Mithal, J.—Plaintiff-respondent 1st set filed a suit for permanent injunction in respect of land in dispute on the basis of an unregistered sale-deed dated 30.4.1929. The suit was decreed by the Court of first instance and the decree has been upheld in appeal also.

2. The defendant/appellants aggrieved by the decree so passed and the judgment and orders of the Courts below have preferred this second appeal.

3. The sole question of law raised in this appeal is whether a sale-deed in respect of an immoveable property of less than Rs. 100/- in value is compulsorily required to be registered so as to effect the transfer.

4. It is an admitted position that the sale-deed dated 30.4.1929 involved in the suit is an unregistered sale-deed which has been executed for a sum of Rs. 80/- only. The Courts below relying upon the sale-deed decreed the suit holding that since it seeks to transfer property of less than Rs. 100/- there is no requirement in law for its registration and that mere delivery of possession which stands proved is sufficient to constitute the sale.

5. Counsel for the parties agree for the final disposal of appeal at the admission stage as the question involved is purely legal in nature.

6. Sri Divakar Rai Sharma, learned counsel for the defendant-appellant relying upon a single Judge decision of Lucknow Bench of this Court in the case of Budhi Ram v. IInd Additional District Judge, Sultanpur and others, 1994(1) ARC 76, contended that where a sale-deed in respect of an immoveable property of less than Rs. 100/- is executed and is reduced to writing the same cannot confer title upon the vendee/purchaser unless it is registered.

7. Sri J.J. Munir, learned counsel for the plaintiff-respondent 1st set who has entered caveat contends that the Transfer of Property Act, 1882 is a special enactment and, therefore, its provision would prevail upon the general law regarding registration as laid down in the Indian Registration Act, 1908. Accordingly, there is no legal requirement of getting a sale-deed in respect of immoveable property of value of less than Rs. 100/- registered. Once such a sale is proved by delivery of possession it is sufficient to effect the transfer of property.

8. In the present case we are concern with the sale of tangible immoveable property of less than Rs. 100/- in value by an unregistered document.

9. Consideration of the respective submissions of the parties and the answer to the question arising for determination in this appeal is basically dependant upon the provisions of Section 54 of the Transfer of Property Act, which reads as under:

“54. “Sale” defined.—”Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

Sale how made.—Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.

In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property.

Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.

Contract for sale.—A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties.

It does not, of itself, create any interest in or charge on such property.”

10. ‘Sale’ is one of the modes of transfer of tangible immoveable property under the Transfer of Property Act and has been defined under Section 54 of the Act. The aforesaid provision also provides the manner of making a sale of tangible immoveable property. It provides that sale of tangible immoveable property of value Rs. 100/- and above can only be made by registered instrument. The aforesaid requirement of registration is independent of the pro