TMI Blog1935 (2) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... e facts: The sale in connection with which the plaintiff is seeking to enforce his right to pre-empt is evidenced by a deed which was presented for registration at the registration office on the 30th day of August. Before that date the vendor, on receipt of ₹ 50 out of the total amount of consideration which was fixed at ₹ 500, had put the vendee in possession. On the date abovemention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... three points of time at one or other of which the sale can possibly be taken to have been effected: the first is the point of time at which a part of the consideration money having been paid the vendor put the vendee in possession; the second, when the transfer became operative under Section 54, T. P. Act, and the third, any other point of time at which the parties may have intended the sale to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be regarded as having done everything that was in his power to complete the transfer and to make it effective, because registration does not depend upon the executant's consent but is the act of the officer appointed by the purpose, Nabadweep Chandra Das v. Lokenath Roy 1933 Cal 212; Kalyanasundram Pillai v. Karuppa Mooppanar 1927 P C 42. But as regards third parties the point of time at whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e received in evidence. 3. We agree in the view thus expressed and on that view we must hold that the sale took place on the 3rd September. As regards the second question it may be stated at once that the case which the defendants made has failed. But it is with the plaintiff's case on the point with which we are more concerned. His case, by which he sought to establish the element of promp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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