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1920 Supreme(Mad) 137

Thayarammal – Appellant
Versus
Lakshmi Ammal – Respondent


JUDGMENT

1. Exhibit A was executed by the 1st defendant to the plaintiff and he was given possession of it. It is in terms a sale-deed but it was not registered. The finding is that the plaintiff made default in the payment of the purchase money and the document was not therefore registered. He now sues to enforce specific performance of an agreement, which according to him is implied in the sale-deed Ex. A. The question for consideration is whether it is open to the plaintiff to regard Exh. A which has become inoperative by reason of non-registration as an agreement to sell. In our opinion this remedy is not open to the plaintiff. He could have presented the document for registration under Section 32 of the Registration Act and could have enforced the attendance of the 1st defendant to admit execution under Section 36 of the same Act. If there was a refusal to register, he could have enforced his further remedies in this behalf under the Act. If he failed to take advantage of these provisions of the law, it is not open to him to ignore the plain terms of the document and to read into it an agreement to sell which was superseded by the conveyance itself. It is true that Courts of Eq

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