1931 (6) TMI 5

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....nd transferred the property in question to his wife, the vendee, under a document dated 16th July 1927 which was styled as a sale deed. The document recited that the amount of her dower debt was ₹ 5,000 and no part of it had been paid, and that the transfer was made in lieu of ₹ 2,500 out of that amount. One of the pleas in defence was that the suit for pre-emption did not lie because ....

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....e within the meaning of Section 54 only when it was in lieu of money, and that a claim for debt was a chose in action" and a transfer in lieu of an existing debt would not be a sale. With great respect, we are unable to agree with this observation. A transfer of property in lieu of an existing debt in cash would be a transfer for a price paid so as to bring it within Section 54, T.P. Act. 2.....

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....ot; as given in Section 54 of the latter Act, but the other provisions of that Act are not incorporated. All that we have to see here is whether the transfer of immovable property made in consideration of a part of an existing dower debt is a sale within the meaning of that definition. It has been held that a dower debt is a debt like every other debt, and therefore a transfer in lieu of it must b....