C. RAMYA Vs. C. GANAMBAL

JUDGEMENT

(1.) The appeal suit is filed against the judgment and decree passed in I. A. No. 281/2018 dated 10. 04. 2019.

(2.) The respondent plaintiff is the appellant in the appeal suit. The respondents in the appeal suit filed an Interlocutory Application in I. A. No. 281 of 2018 in O. S. No. 7 of 2018 under Order 7 Rule 11 of the Code of Civil Procedure, seeking rejection of plaint.

(3.) The contention of the respondents plaintiff before the trial Court was that the Government has amended the Registration Act and implemented compulsory registration of sale agreement from 01. 12. 2012. The alleged sale agreement involved in this suit is not a registered one and therefore, the same is void and cannot be entertained for the purpose of filing the suit for the relief of specific performance. There is no collateral purpose in the sale agreement. As per Section 17 and 49 of Registration Act, the suit is barred under law and the same is to be registered. The petition was filed under Order 7 Rule 11 of C. P. C. , mainly on the ground that the suit sale agreement is admittedly not a registered document and therefore, the suit for specific performance cannot be entertained and consequently, the plaint is to be rejected.