SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1961 Supreme(Mad) 165

P.RAJAGOPALAN, RAMACHANDRA.IYER, VEERASWAMI, SRINIVASAN, KUNHAMED KUTTI
H. Venkata Sastri and Sons by its Manager H. Venkata Sastri (died). – Appellant
Versus
Rahilna Bi – Respondent


Advocates:
M. Ramachandran and T. V. Balakrishnan, for Appellant.
K. S. Champakesa Ayyangar, C. Venugopalachari and M. Ramachandra Rao, for 4th Respondent.

Rajamannar, C.J.-

One of the questions which arises in this batch of appeals from the Original Side is whether the security bond which Haji Ahmed Badsha executed on 26th March, 1953 over some immovable properties belonging to him is invalid because it had not been duly attested in accordance with the requirements of the Transfer of Property Act. The document was attested only by one witness at the time of the execution. It was contended on behalf of the person relying upon the security bond that the signature of the Registrar at the time of the registration would serve the purpose of attestation and, therefore, the deed was not’ invalid. There is no doubt the decision of the Full Bench in Veerappa Chettiar v. Subrahmania Ayyar1, where it was held that the signature of the registering officer and of the identifying witnesses affixed to the registration endorsement are a sufficient attestation within the meaning of the Transfer of Property Act. It was contended before Balakrishna Ayyar, J., that the authority of this decision has been considerably shaken by the observations of the Privy Council in Ramanathan Chetti v. Delhi Batcha2, and a Full Bench of the Allahabad High Court had tak





























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top