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2019 Supreme(Mad) 1470

N.SESHASAYEE
D. Devarajan – Appellant
Versus
Alphonsa Mary – Respondent


Advocates:
Advocate Appeared:
For the Appellant :M.G. Rajeswari, Advocate
For the Respondents:R. Prabakar, Advocate

JUDGMENT :

N. Seshasayee, J.

1.1. The Plaintiff in O.S. No. 29 of 2017 has come forward with the present Appeal. The Suit is laid for Specific Performance of an unregistered Agreement of Sale dated 14.6.2015, and as per the Plaint the total consideration payable is Rs. 13,72,500 against which, the Plaintiff has paid an advance of Rs. 50,000. In the Written Statement the execution of the unregistered Sale Agreement is not disputed, but its non-performance is sought to be justified on grounds that are not germane to the ongoing Appeal.

1.2. The Trial Court dismissed the Suit on a preliminary issue that the Suit Agreement was not registered as per Section 17(1)(f) of the Registration Act. This Appeal is preferred against it.

2. Points for consideration:

Whether the non-registration of Suit Agreement bars the institution of the Suit?

3. The learned Counsel for the Appellant submitted:

• As per Registration (Tamil Nadu Amendment) Act, 2012, Section (1) (f) to (i) were introduced to Section 17 of the Registration Act, 1908. This Act came into effect on 1.12.2012. While Section 17(1)(g) requires that any Agreement for Sale of an immovable property above the value of Rs. 100 must be registered, t

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