Pakenham Walsh, J.

1. The plaintiff sued for the compulsory registration of a document said to have been signed and executed by the 1st defendant on his own behalf and on behalf of his minor sons. This document purports to be a conveyance of a certain property to the plaintiff for a sum of Rs. 800. The document is dated 15th March, 1929. It was presented for registration on 15th July, 1929, i.e., on the last day of the four months allowed for presentation. On 19th July, 1929, the 1st defendant appeared before the Registrar and admitted execution but pleaded that the plaintiff had agreed to execute an agreement to re-sell if the sale amount was re-paid within five years but would accede only to a term of three years. On this the Registrar remarked:

As this cannot be considered as urgent necessity or unavoidable accident, I refuse to register the document for non-appearance of the executant within the time prescribed by Section 34.

2. This suit was brought to enforce the registration of the document. For some reason or other issues were settled which went considerably outside of what was necessary for the determination of this suit. The first issue was:

Was the sale deed executed