S. M. MANI Vs. KALAIVANI

JUDGEMENT

(1.) This Civil Revision Petition is directed as against the docket order passed in I.A.Nos.16 and 17 of 2016 in unnumbered O.S. /2016 dated 31.03.2016 on the file of the Principal District Judge, Dharmapuri District, thereby, rejecting the suit as not maintainable.

(2.) The petitioner is the plaintiff. The petitioner filed a suit for specific performance, on the strength of the un-registered agreement for sale dated 25.03.2015. On perusal of the plaint and documents, the Court below rejected the suit without numbering the plaint for the reason that the main purpose of the agreement is to execute the sale deed and there is no collateral transaction. In view of the Section 17(1-A) of the Registration Act, the agreement for sale has to be registered and as such, with unregistered agreement for sale, the suit is not maintainable.

(3.) Though notice was served on the respondents and the name is also printed in the cause list, no one appeared on behalf of the respondents. Heard the learned counsel for the petitioner.