GURUNATHAPPA GURUSANGAPPA ANGADID Vs. SUBHASH GURULINGAPPAGOUDA BIRADAR

JUDGEMENT

(1.) The respondent, as plaintiff, instituted O.S.67/2013 against the petitioner/defendant, in the Court of Civil Judge, Muddebihal. Suit is founded on an Agreement of Sale dated 09.02.1998 with the prayer to pass a decree of specific performance of contract and for directing the defendant to execute sale deed of the suit property. By filing written statement suit has been contested. I. A.No.2 was filed by the defendant, under Sections 17(1A) and 49 of the Registration Act, 1908 ('Act' for short) read with Sec. 151 CPC, to dismiss the suit as not maintainable on the ground that suit document being Com-Pulsorily registrable, has not been registered. Trial Judge having rejected the application by reason of an Order dated 24.08.2016, this petition was filed.

(2.) Trial Judge having found that the suit : has been instituted to pass a decree of specific performance of the contract on the basis of an Agreement of Sale dated 09.02.1998, which is only a contract between the parties and there is no transfer of any right, title or interest has held that the instrument on which the suit is founded is not a compulsorily registrable one.

(3.) Sri. Bapugouda Siddappa, learned advocate, contended that there is improper consideration of I.A.2 and the rejection is arbitrary. He submitted that the instrument based on which the suit was instituted being an unregistered one, in view of Sections 17(1A) and 49 of the Act, suit is not maintainable and hence, the impugned order is liable to be set aside.