The All India Reporter 1947 - Patna Section with parallel references to (1) I.L.R. 26 Patna (2) 13 Bihar Reports (3) 13 Cuttack Law Times (4) 48 Criminal Law Journal (5) 228 to 230 Indian Cases Citation: A.I.R. (34) 1947 Patna

The question whether title under a sale-deed passes upon its execution and registration or is postponed till the payment of the entire consi- deration is made depends on the intention of the parties which has to be gathered from the sale- deed itself but where the terms of the deed are not decisive and clear the surrounding circumstan- ces and conduct of the parties may be looked into. [...] 216 out of the consideration and he undertook to present the sale deed for registration on 3rd January 1939 on the reopening of the office after the Christmas holidays and not to transfer the property to anybody else. [...] [9] In the second case 59 I. C. 1712 which was decided by Jwala Prasad J. sitting alone it was held that where neither the deed of sale nor possession of the property sold is delivered to the vendee and no consideration passes the mere registration of the deed of sale does not operate to pass the title to the vendee. [...] His Lordship accepting this finding and relying on the recital in the sale deed that the vendee would be the malik of the zamindari interest from “today” that is to say from the date of the execution of the sale deed held that the intention of the vendor could not have been that the title to the property would not pass until the whole of the consideration money had been paid. [...] ther title under a sale deed passes upon its execution and registration or is postponed until payment of the entire consideration depends on the intention of the parties which must be gathered from the sale deed itself but where the temp of the sale deed are not clear and decisive the surrounding circumstances and condugit of the parties may be looked into.