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of <h1>Land Ownership Dispute: Judgment Emphasizes Need for Registered Transfers</h1> <h3>(Mian) Pir Bux Versus Mohomed Tahar</h3> (Mian) Pir Bux Versus Mohomed Tahar - AIR 1934 PC 235 Issues:- Dispute over ownership and possession of a plot of land in Hew Sukkur.- Validity of the grant of land to the defendant and subsequent cancellation of the grant to the plaintiff.- Interpretation of the agreement between the plaintiff and the defendant.- Application of the law on specific performance and ejectment in India.- Effect of the Transfer of Property (Amendment) Act, 1929 on the case.Analysis:1. The plaintiff sought a declaration as the rightful owner of the southern half of a plot of land and to dispossess the defendant. The Collector initially granted the northern half to the defendant and the southern half to the plaintiff. However, the plaintiff failed to execute a conveyance in favor of the defendant as agreed, leading to the cancellation of the grant in the plaintiff's favor and a subsequent grant of the southern half to the defendant.2. The District Judge initially ruled in favor of the defendant, citing the plaintiff's agreement to sell the land to the defendant. However, the Court of the Judicial Commissioner reversed this decision, holding that the defendant's possession was not due to the agreement but to the Collector's grant, making the agreement unenforceable. The court highlighted the defendant's failure to seek specific performance or enforce the agreement.3. The judgment emphasized that in India, the defense of an agreement for sale does not justify possession without a registered instrument of transfer. The court rejected the application of English equitable doctrines in Indian land disputes, emphasizing the need for a registered instrument for property transfers worth over a certain value.4. The court clarified that the defendant's possession did not stem from the agreement of sale, making it an ineffective defense in an action of ejectment. The judgment underscored the importance of following statutory requirements for property transfers in India and the limitations on using part performance as a defense.5. The Transfer of Property (Amendment) Act, 1929 was noted as introducing Section 53A, allowing a defendant to plead possession under an unregistered contract of sale in certain circumstances. However, the judgment was based on the law before this amendment, affirming the plaintiff's right to eject the defendant.6. The judgment affirmed the decision of the Court of the Judicial Commissioner, dismissing the appeal and ordering the appellant to bear the costs. The court also addressed compensation for improvements and mesne profits, upholding the lower court's decisions on these matters.
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