Published on: December 26, 2023 at 13:06 IST
Court: Supreme Court of India
Citation: Sharanappa Basappa Dindawar V. State of Karnataka (1996)
Honourable Supreme Court of India has held that Section 118 of the Transfer of Property Act, 1882 provides for exchange and mutually transfer the ownership of one thing for ownership of another provided, neither thing or both things being money only. It is held that the exchange deed of having been duly registered between the two persons by operation of Section 17 of the Registration Act, 1908, the right, title and interest of the land held by the two persons stood mutually transferred to each other.
3. The Act had come into force on 15-3-1962. The Amendment Act came into force on 1-3-1974. Section 2(7) defines “ceiling area” to mean an extent of land which a person or family is entitled to hold under Section 63. The Act does not define the word ‘exchange’.
Section 118 of the Transfer of Property Act, 1882 defines ‘exchange’ and provides that where two persons mutually transfer the ownership of one thing for ownership of another, neither thing or both things being money only, the transaction is called an ‘exchange’. It would thus be clear that transfer of the property is complete between two persons in the manner provided under the transfer of the property by way of exchange duly registered under the Registration Act.
The exchange deed having been duly registered between the two persons by operation of Section 17 of the Registration Act, 1908, the right, title and interest of the land held by the two persons stood mutually transferred to each other.
Consequently, 28 acres 6 gunthas of land held by the appellant in Survey No. 28/2 stood exchanged with 30 acres 24 gunthas of the land in Survey No. 175 belonging to Gurappa Bhimaraya Birdar; thereby, the appellant got 30 acres 24 gunthas while Gurappa Bhimaraya Birdar had 28 acres 10 gunthas of the land. The appellant by virtue of exchange came to possess land to the extent of 45 acres 30 gunthas.
Drafted By Abhijit Mishra