Section 54 of the Transfer of Properly Act considered with the principles laid down by various jurists as referred in the judgment leads the Court to conclude that in an effective transfer of ownership by sale of an immovable property, not only registration of the sale deed but also the possession factor must be taken into consideration, simply because without transfer of the right to possession, the transfer of ownership of a property remains incomplete. However, in case of a sale, the mode and also the requirement of delivery of possession may vary depending on the attending circumstances of a particular transfer and also the intention of the parties. ….. ( 14 MLR (HCD) (2009) 69 )
Owner signifies a person (both natural and fictitious) who owns something. Owner is the person recognized by the law as having the ultimate control over, and right to use, property as long as the law permits and no agreement or covenant limits his or her rights.“Owner” of a property is the person in whom it is for the time being beneficially vested, and who has the occupation, or control, or usufruct of it. ….. ( Eglinton Vs. Norman, 46 LJQB 559 )
Owner includes the person for the time being receiving the rent of land and buildings, or either of them, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if land or building were let to a tenant. ….. ( Section 2(31), the Paurashava Ordnance, 1977 (XXVI of 1977); Section 2(30), the Dhaka Municipal Corporation Ordinance, 1983 (XL of 1983) )
Owner in relation to a barga land, means the person from whom the bargadar gets the land for cultivation under a barga contract. ….. ( Section 2(g) of the Land Reforms Ordinance, 1984 (X of 1984) )
Owner in relation to a building or tank means the person at whose expenses such building or tank is constructed or excavated or who has the right to transfer the same, and includes his heirs, assigns and legal representatives. ….. ( Section 2(d) (i) of the Building Construction Act, 1953 (E. B. Act II of 1953) )
Owner" in relation to a hill, means a person who possesses the hill and has the right to transfer the same, and includes his heirs, assigns and legal representatives. ….. ( The Building Construction Act, 1953 (E. B. Act II of 1953), section 2(d) (ii) )
Owner includes any person who is receiving, or is entitled to receive, the rent of any building or land, whether on his own account or on behalf of himself and others or as an agent or trustee, cc who would so receive the rent or be entitled to receive it, if the building or land were let to a tenant. ….. ( Section 2(xxvi) of the Cantonments Act (Act II of 1924) )
See also, Section 3, the Treasure-trove Act, 1878 (VI of 1878); Section 3(9), the Irrigation Act, 1924 (Ben Act II of 1924); Section 2(4A), the Forest Act, 1927 (XVI of 1927); Section 2(h), the Foreign Exchange Regulation Act, 1947 (VII of 1947); Section 2(1), the (Emergency) Requisition of Property Act, 1948 (XIII of 1948); S 2 (c), the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982); Section 2(gg), the Inland Shipping Ordinance, 1976 (LXXII of 1976), Section 2(f), the Restoration of Evacuee property Order, 1972 (P.O. 13 of 1972); Section 2(j), the Chittagong Port Authority Ordinance, 1976 (LII of 1976); Section 2(j), the Mongla Port Authority Ordinance, 1976 (LIII of 1976); Section 2(12), the Pvt. Forests Ordinance, 1959 (E.P. Ord. XXXIV of 1959); Section 2(i), the Hotels and Restaurant Ordinance, 1982 (LII of 1982); section 2(26), the Mercantile Shipping Ordinance, 1893 (XXVI of 1893); Section 2(32), the Motor Vehicles Ordinance, 1983 (LV of 1983)