ANIRUDHAN Vs. DAMODARAN ASARI

JUDGEMENT

(1.) We agree with the learned single judge that sub-s.(2) of S.33 of the Travancore Chitties Act sets out in full the consequences of a breach of sub-s.(1) thereof and that the words "any such transfer" appearing in sub-s.(2) mean a transfer "without the previous sanction in writing of the Registrar" and not a transfer with such sanction.

(2.) Though this aspect of the matter is not there considered the division bench ruling in Sankaran Nair v. Chellappan Pillai ( 1966 KLT 517 ) supports the view taken by the learned single judge in this case that a breach of sub-s.(1) only renders the transfer voidable under sub-s.(2) and not null and void.

(3.) Appeals dismissed with costs.