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

1943 Supreme(Mad) 102

HAPPELL
S. KR. M. Subramanyam Chettiar – Appellant
Versus
Meyyammai Achi – Respondent


JUDGMENT

Happell, J.

1. The appellant was the first defendant in a suit in which the first respondent was the second plaintiff having been added as the legal representative of the first plaintiff after his death, for an injunction restraining the appellant from interfering with the right of way over a lane and for a direction that the appellant should demolish a dust bin which he had put up in the lane at his own cost. The right of way, it was alleged was conveyed to the first respondent under the dead Ex. C, for a consideration of Rs. 175. Ex. C is an unregistered document and it was contended by the appellant that it required registration and was accordingly inadmissible in evidence. The lower Courts, following the decisions in Bhagwan Sahai v. Narasingh Sahai I.L.R. (1909) All. 612 and in Satyanarayanamurti v. Lakshmayya (1928) 57 MLJ. 46 held that the deed Ex. C did not require registration. Substantially the only question in this-second appeal is whether Ex. C did or did not require to be registered. In Bhagwan Sahai v. Narasingh Sahai I.L.R. (1909) All. 612 and in Satyanarayanamurti v. Lakshmayya (1928) 57 MLJ. 46 in which Madhavan Nair, J., followed the decision of the Allahab





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