Intention controls validity of a property conveyance: non-payment of stated consideration does not defeat title transfer.

A conveyance of immovable property is not invalid merely because the consideration stated in the deed was not actually paid. Under the Transfer of Property Act, the decisive question is whether the parties intended title to pass immediately; if so, the conveyance remains effective unless prior payment was a condition precedent. A deed in the form of a conveyance cannot be upheld as a gift when the statutory requirement of attestation by two witnesses is not satisfied. On this reasoning, the conveyance was treated as valid and operative on execution and registration.

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Issues: Whether a conveyance of immovable property is invalid merely because the consideration named in the deed was not actually paid, and whether such a document can be upheld as a gift in the absence of attestation by two witnesses.

Analysis: Under the Transfer of Property Act, a sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised. The controlling test is the intention of the parties: if the intention is that title should pass immediately, the transfer is effective notwithstanding non-payment of the consideration, unless the transaction was agreed to take effect only upon prior payment. A deed in form of a conveyance cannot be treated as a gift where the statutory requirements for a gift, including attestation by two witnesses, are not satisfied. The fact that consideration was not paid does not, by itself, defeat an otherwise intended and operative conveyance.

Conclusion: The conveyance remained valid and operative on execution and registration, and the plaintiff's suit was rightly dismissed.

Ratio Decidendi: Non-payment of the consideration for a sale deed does not invalidate the conveyance where the parties intended immediate transfer of title; the decisive factor is the parties' intention, not actual payment, unless payment was made a condition precedent to the transfer.

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