1917 (3) TMI 1

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..... he rival claimants to the property, which admittedly belonged at one time to Dasarath Sardar, were a purchaser from the heir of Dasarath and a purchaser from Dasarath himself. The question in controversy, consequently, is, whether the property formed part of the estate of Dasarath at the time of his death or had vested in the defendant by the conveyance executed by Dasarath on the 16th July 1909. .....

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..... e determination of this point and held that the deed, if not operative as a conveyance, could be upheld as a gift. There is, however, an obvious difficulty in the adoption of that position, because, under Section 123 of the Transfer of Property Act, a deed of gift must be attested by two witnesses. The decision of the Judicial Committee in Ismail Mussajee v. Hafiz Boo 33 C. 773 ; 10 C.W.N. 570 (P .....

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..... t promised. The true test is, what is the intention of the parties to the transaction. If the intention is that title should pass immediately even though the consideration has not been paid, the title passes; that is, the failure to pay the consideration for a conveyance does not defeat the conveyance, except where there is an agreement that it should take effect only if the consideration is firs .....

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