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1881 Supreme(Cal) 41

PRINSEP, FIELD
Jugul Kishore Bhuttachaji – Appellant
Versus
Mohima Chunder Dhur – Respondent


JUDGMENT

Field, J. - In this case the plaintiff sued to have a kobala or bill of sale set aside and declared spurious. It appears that the defendant presented this bill of sale for registration, and, under the special procedure provided in the Registration Act, he succeeded in obtaining an order of the District Registrar for the registration of the document. The first contention raised before us on appeal is, that this suit is not maintainable; and, in support of this contention, the case of Ram Chunder Paul v. Becharam Dey (10 W. R. 323) is quoted. Now, that case we think to have been virtually overruled by the case of Prasanna Kumar Sandyal v. Mathurnath Banerjee (8 B. L. R. Ap. 26), which latter case has been since followed in several other cases in this Court. Most decidedly, if we had to form an independent opinion, our view would be the same as that taken by the learned Judges in the latter case; but we think that, whatever may have been the state of the law before the passing of the present Registration Act and the present Specific Relief Act, these two enactments have put the point beyond doubt. The case of Bam Chunder Paul v. Becharam Dey (10 W. R. 329) was decided when Act

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