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1955 Supreme(Mad) 299

KRISHNASWAMI NAYUDU
Kallipattu Oothukattu Mariamman Temple by its Trustee Sarangapani Gounder – Appellant
Versus
Ayyanperumal Gounder – Respondent


Advocates:
G. Gopalaswami and V. Gopinathan for Appellant.
C.A. Vaidialingam and T. Venkatadri for Respondent.

Judgment

The point for determination in this appeal is whether there has been a proper presentation of the document for registration under section 32 of the Indian Registration Act.

One Arunachala Gounder, the paternal uncle of the defendant, was the trustee of a Mariamman Temple, and in the course of his administration as trustee it was found that a sum of Rs. 500 was due from him to the temple. To make good that amount he arranged for the transfer of certain property standing in the name of the defendant to the temple and got the defendant his nephew to execute a sale deed Exhibit A-3 in favour of the plaintiff-temple with himself representing the temple mentioned in the sale deed as trustee. Exhibit A-3 was executed on 21st February, 1949 and Arunachala Gounder the executant died on 28th February, 1949, before the document could be registered. The document was thereafter presented for compulsory registration by the plaintiff Sarangapani Gounder, who represented himself to be the trustee of the temple. The presentation was, however, after four months after the date of execution namely, on 28th June, 1949, with a request that the delay may be excused. The defendant was summoned and







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