Judgement

Appeal (No. 49 of 1924) from a decree of the High Court (March 28, 1923) varying a decree of the Subordinate Judge of Lyallpur (October 20, 1919).

The deceased respondent instituted a suit against the appellant for specific performance of an agreement dated March 2, 1919, for the sale of certain immovable property, and for damages. Among other defences, not material to this appeal, it was pleaded that the agreement was ineffective for want of registration.

The facts, including the terms of the agreement, appear from the judgment of the Judicial Committee.

Both Courts in India held that the agreement was an instrument contemplating a further document, and was therefore exempt from registration, by s. 17, sub-s. 2 (v.), of the Indian Registration Act, 1908. The Subordinate Judge, while rejecting a plea of undue influence, considered that having regard to the relation of the parties specific performance should not be granted ; he made a decree for Rs.2000 damages. On appeal to the High Court (Broadway and Harrison JJ.) a decree for specific performance was made.

1926. May 20. E. B. Raikes for the appellant. The agreement was an instrument which s. 17, sub-s. 1 (&), of the In