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1949 Supreme(Mad) 285

SATYANARAYANA RAO, BASHEER AHMED SAYEED
Sayyaparaju Surayya – Appellant
Versus
Koduri Kondamma – Respondent


Advocates:
V. Parthasarathi for Appellant.
P. Satyanarayana Raju for Respondent.

Judgment

Satyanarayana Rao, J.-This is an appeal by the plaintiff against the decree dismissing her suit under section 77 of the Indian Registration Act. Plaintiff’s husband presented to the Sub-Registrar of Kothapeta on the 8th January 1944, a document purporting to be a sale deed executed by the defendants in favour of the plaintiff on the 29th September, 1943. The Sub-Registrar refused to register the document as the defendant denied its execution. There was an appeal against that decision of the Sub-Registrar to the District Registrar who agreed with the Sub-Registrar and confirmed his decision. His order is dated 15th November, 1944. A suit was thereafter instituted by the plaintiff on the 13th December, 1944, under section 77 of the Indian Registration Act for enforcing registration of the document. The document is Exhibit P-2 in the case. The document consists of six sheets of paper of which five sheets are stamp papers of the aggregate value of Rs. 82-8-0. The sixth and the last sheet is a brown paper and there is the thumb impression of the defendant only on the last sheet. There is the “nishani” (mark) put by the scribe on the first five sheets. On the stamp papers, it is















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