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1944 Supreme(Mad) 288

HORWILL
Krishnaswami Naicker – Appellant
Versus
Nalla Gounder – Respondent


JUDGMENT

Horwill, J.

1. When the respondent presented a document for registration to the Sub-Registrar, the appellant who purported to be the transferor, was absent; and his absence was construed by the Sub-Registrar as a denial of execution. The Sub-Registrar Wherefore refused to register the document be respondent thereupon invoked the procedure laid down in Section 73, Registration Act, and applied to the District Registrar to register the document. It was open to the District Registrar to inquire into the factum of execution Under Section 74(a) of the Act, but he did not do so; for he held that as the respondent had not complied with the requirements of Section 145(2), Madras Estates Land Act, the requirements of law had not been complied with and that the application had therefore to be dismissed Under Section 74(b). Thereupon, the respondent filed a suit Under Section 77 of the Act. The District Munsif upheld the order of the District Registrar and dismissed the suit. The Subordinate Judge of Dindigul allowed the appeal on two grounds: (i) that the law referred to in Section 74(b) meant the law laid down in the Registration Act and nothing more, and (ii) that since the Sub-Regi





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