Walsh, J.

1. The plaintiff sued for the compulsory registration of a document said to have been signed and executed by defendant 1 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 defendant 1 appeared before the Registrar and admitted execution but pleaded that the plaintiff had agreed to execute an agreement to resell if the sale amount was repaid 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. Issue 1 was : Was the sale deed executed in the circumstances mentioned i