1934 (3) TMI 31

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..... en defeated on the ground that the deed on which she founded her claim not having been registered according to the provisions of Section 54, T. P. Act, no title passed to her. It appears from the plaintiff's own statement in the plaint, that her husband made a gift of Immovable property in exchange for the dower. The character of such a transaction has been regarded as a kind of sale in a deci .....

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..... othing but a sale; therefore where the property is Immovable and is of the value of rupees one hundred and upwards, it must be effected by a registered instrument as required by Section 54 T. P 1882, which relates to sales. Reference may be made in addition to the case above referred to, Abbas Ali v. Karim Buksh (1909) 4 IC 466, to the decisions in the cases of Sarifnddin v. Mohiuddin 1927 Cal 808 .....

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..... marriage the wife is the property and the dower is the price. There is, therefore, no substance in the second point raised. The result is that the appeal fails and is dismissed. There will be no order as to costs as the learned advocate who appeared before Mukerji, J., has intimated to us that he has no instructions to appear in this Letters Patent appeal. G.D. McNair, J. 4. I agree. - - .....

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