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1893 Supreme(Mad) 26

Mantri Venkataswami – Appellant
Versus
Padda Krishnayya – Respondent


JUDGMENT

1. The relief asked for in the plaint is a direction that "the deed of transfer Exhibit A or any other document that may be caused by the court to be written by defendant in the manner the court thinks proper" be registered by him and handed over to plaintiff. There is also a prayer for delivery of possession of the lands the mortgage of which is the subject of the transfer-deed Exhibit A. The lower courts have refused this latter relief but have given plaintiff a decree directing defendant to execute a fresh transfer-deed to plaintiff on the terms of Exhibit A at his own expense and present it for registration and on his part do all that is necessary to get it duly registered.

2. The question is whether plaintiff is entitled to that relief or any other relief in this suit.

3. The first prayer of the plaint, viz., for compulsory registration of the document A clearly cannot be complied with. We agree with the decision of the Calcutta High Court in Edun v. Mahomed Siddik, I. L. R, 9 C, 150 approved of in Kunhimmu v. Viyyathamma, I. L. R, 7 M, 535, that independently of the provision of Section 77 of the Registration Act no suit to compel registration of a document will lie, an



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