S.AIYANGAR
Valambalachi – Appellant
Versus
Duraiswami Pillai – Respondent
Srinivasa Aiyangar, J.
1. This is a curious case. The plaintiff was the purchaser of a certain piece of property under a document which was duly signed by the defendant vendor and delivered to the plaintiff purchaser. It was omitted to be registered. The case of the plaintiff-appellant is that she was making demands upon the defendant for the registration of the document but that he was putting off. The present suit was instituted on the ground that the plaintiff was entitled, neglecting altogether the sale-deed that had already been executed, to a decree for specific performance against the defendant to carry out the original contract of sale. Of course for the purpose of performing a contract to sell the property the vendor has to perform his contract by duly executing a registered deed of sale. Until such a document is executed no transfer of property is effected and no performance of the contract by the vendor.
2. With regard to this there has been, curiously enough, two series of decisions both in this Court and elsewhere, one beginning from the case of Nagappa v. Devil [1891] 14 Mad. 55, and another beginning from the case of Venkataswami v. Krishtayya [1893] 16 Mad. 34
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