Judgment

Rajendra Babu, J.-The respondent filed a suit for specific perform­ance seeking a direction to register the sale deed dated July 2, 1979 (Exhibit A-6) and for injunction or possession of the immovable proper­ty referred to therein. His case is that the appellant had duly exe­cuted the sale deed in his favour in respect of the suit premises for a sale consideration of Rs. 3,200/- but the appellant did not get the document registered thereafter. The case set up by the appellant is that he signed sale deed dated July 2, 1979 as a result of fraud and misrepresentation by the respondent taking advantage of the fact that he was an illiterate person. The trial Court dismissed the suit of the respondent on the ground that the respondent had to avail of the remedy under Section 77 of the Registration Act, 1908 (hereinafter referred to as ‘the Act’) and not bring a suit for specific perform­ance. The matter was carried in appeal. The First Appellate Court allowed the appeal and decreed the suit on the basis that the relief insofar as the decree for specific performance of the later half of the document could be granted and that Section 77 of the Act will not come in the way. A secon