This is an appeal by the plaintiff against the decree of the learned Subordinate Judge of Amalapuram in A.S.No.81 of 1945, dismissing her suit filed under section 77 of the Registration Act for directing the sale deed, Ex.P-1, dated 5th November, 1943, executed by the defendant, to be registered by the Sub-Registrar of Razole. The suit has been dismissed by the lower appellate Court on the ground:

“that the defendant did not execute the deed understanding it to be a sale deed and that his finger impression was taken by representing that he has to attest a document, i.e., sale deed executed by his brother in favour of plaintiff.”

The defendant, who is an illiterate person unable to sign his name, did not, in his written statement, dispute the fact that the thumb impression appearing on the two pages of the sale deed, Ex.P-1, was this thumb impression. He stated, however, that his brother obtained his thumb impression on Ex.P-1 on a fraudulent misrepresentation that his thumb mark was taken as an attestor to the sale deed executed by the brother and not as a vendor under Ex.P-1. The contention of Mr. V. Parthasarathi, the learned advocate for the appellant in this second appeal