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1962 Supreme(Mad) 39

P.S.KAILASAM
Ranjithammal – Appellant
Versus
Sowbagyathammal – Respondent


Advocates Appeared:
R. Ramamurthi Iyer, for Appellant; T.R. Srinivasan, for Respondent.

Judgement

JUDGMENT :- The plaintiff is the appellant in the second appeal and she filed this suit for registration of a sale deed in her favour under S.77 of the Indian Registration Act.

2. The defendant-respondent executed a sale deed in favour of the plaintiff of a house on 23rd April 1957. On 22nd August 1957, the plaintiff presented the sale deed before the Sub-Registrar, for registration. While presenting the document for registration, she filed a petition for excusing the delay in presenting the document before the Sub Registrar. The delay obviously was in waiting till almost the last day for presentation of the document. The Sub Registrar ordered notice to the defendant. The defendant appeared before the Sub Registrar on 30th August 1957. He admitted execution of the document, but stated that he was not willing to register the document as a large portion of the amount due under the sale deed was not paid to him. The Sub Registrar refused to register the document, and an appeal by the plaintiff to the District Registrar, also proved futile.

2a. The plaintiff filed the suit praying for a decree directing the document to be registered by the Sub Registrar.

3. The trial Court found







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