Judgement

Appeal (No. 97 of 1928) from a decree of the High Court (January 22, 1926) reversing a decree of the Additional Subordinate Judge of Meerut (May 19, 1923).

The suit was brought by the first respondent against the administrator of Richard Skinner (represented in the appeal by the second respondent) for specific performance. The plaintiff alleged an agreement dated June 18, 1921, by George C. E. Skinner for the sale to him of properties which George had inherited from his brother Richard. The appellant was the executor of Alice Skinner, a sister of Richard and George ; she was made a defendant as claiming a half-share in Richards estate.

The terms of the document of June 18, 1921, appear fully from the judgment of the Judicial Committee.

Issue No. 9 raised the question whether the document was admissible in evidence.

The trial judge held that the document was a sale deed, and that as it was not registered under the Indian Registration Act, 1908, it was inadmissible in evidence ; accordingly he dismissed the suit.

Upon appeal the decree was reversed and an order made for specific performance of the agreement by the conveyance of Georges interest at the conclusion of the admi