A registered Kabuliyat executed by the lessee and accepted by the lessor does not operate to transfer the right to enjoy immoveable property.

Kotval—The plaintiff Sadasheo sued the defendants for possession of a field of which be alleged defendant 3 Mt. Tulsi had given him a lease for seven years ending in 1337 Fasli on a rent of Rs. 50 a year. No lease was executed by Tulsi but the plaintiff relied on a registered kabuliyat executed by himself in her favour on the 3rd March, 1921. Defendants 1 and 2 are alleged to have forcibly taken possession of the field in July, 1921. Defendant 3 disowned any interest in the field. Defendants 1 and 2 are subsequent purchasers from Tulsi. The lower Courts have decreed the plaintiff's claim. Defendants 1 and 2 appeal.

2. The kabuliyat was presented for registration by Tulsi and was in her possession. Tulsi produced it in Court. It has therefore been rightly held that it was accepted by her.

3. It is not disputed that the lease in this case could not have been made otherwise than by a registered instrument. The sole contention here on the appellants' behalf is that the kabuliyat did not amount to a lease and conferred no title on the plaintiff. Nana Lal v. Hanuman Das,1904 1 AllLJ 96 and Turof Sahib v. Esuf Sahib,1907 17 MadLJ 395, are cited as authorities in support of this contention, and Syed Ajam Sahib v. Ananthanarayana Aiyar, 1911 21 MadLJ 202 and Raimoni Dassi v. Mathura Mohan Dey, 1912 14 IndCas 540 as authorities to the contrary. The moat recent case not referred to by either side is Kedar Nath v. Shankar Lal, 1924 22 AllLJ 185 which reviews previous cases on the point and upholds the view taken in Nand Lal v. Hanuman Das,1904 1 AllLJ 96 Turof Sahib v. Esuf Sahib,1907 17 MadLJ 395 has been overruled in Syed Ajam Sahib v. Ananthanarayana Aiyar, 1911 21 MadLJ 202

4. According to section 105, Transfer of Property Act, a lease is a transfer of a right to enjoy immoveable property. Substituting for the word transfer its meaning given in section 5 'a lease is an act by which a person conveys the right to enjoy immoveable property.'' Under section 107 the act by which a person conveys the right must be performed by a registered instrument. According to Syed Ajam Sahib v. Ananthanarayana Aiyar, 1911 21 MadLJ 202, this act can be performed not only by executing and signing the instrument and registering it, but also by accepting a Kabuliyat executed by the transferee and registered. Can it be said that when a person accepts a document in which another acknowledges his title and agrees to cultivate his land on certain terms be conveys the right to enjoy the land ? I think not. The view of (sic), J. in Kedar Nath v. Shankar Lal, 1924 22 AllLJ 185, seems to be logical.

5. The mode prescribed for making a sale is exactly the same as for a lease but in none of the rulings relied on by the respondents is it suggested that an instrument of sale need not be executed or signed by the vendor. If therefore we interpret the same words in the two sections similarly the instrument of lease must be executed and signed just as an instrument of sale.

6. The fact that under section 4 of the Transfer of Property Act, section 107 is to be read as supplemental to the Registration Act does not help one in arriving at the conclusion that a Kabuliyat accepted by the lessor operates to convey the right to enjoy the property. Reading section 107 as a part of the Registration Act and reading the word lease therein as including a counterpart Kabuliyat, undertaking to cultivate or occupy and an agreement to lease the only conclusion is that all these transactions have also to be made by registered instruments. It does not justify the conclusion that they are all transfers or that a Kabuliyat accepted by the lessor amounts to a conveyance by him of the right to enjoy.

7. In a conveyance one expects words indicating that the owner of the property is thereby conveying it. No such words exist in the Kabuliyat in dispute. It may not be necessary for the lessor to sign the instrument but the instrument itself must be one purporting by its contents to pass the rig