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1952 Supreme(Mad) 187

GOVINDA MENON, MACK
R. M. S. Deivanai Achi – Appellant
Versus
P. L. L. N. Kannappa Chettiar (died) – Respondent


Advocates:
R. Sethurama Sastri for Appellant.
R. Gopalaswami Aiyangar for Respondents.

Govinda Menon, J.- I have had the advantage of perusing the judgment which my learned brother is about to deliver and while I agree with his conclusion I would venture to add a few words of my own, especially since the question argued is bereft of authority in this Court and is important from the point of view of the construction of the Registration Act. Is the compromise decree charging properties specifically mentioned in the schedule thereto, but which were not in terms the subject matter of the litigation, compulsorily registrable under section 17(1) of the Registration Act? That it is a document which purports to create right, title and interest in immoveable property of the value of more than Rs. 100 has not been questioned; and but for the fact that section 17(2) clause (vi) as it originally stood exempted a decree or order of Court from being compulsorily registered, the decree in question would, of necessity, be registrable. By the amendment made by section 10 of the Transfer of Property (Amendment) Supplementary Act, 1929, the words

“except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter o


































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