LAWS(MAD)-1981-8-17

ELLAMMAL Vs. RANGASWAMY KOUNDAR

Decided On August 27, 1981
ELLAMMAL Appellant
V/S
RANGASWAMY KOUNDAR Respondents

JUDGEMENT

(1.) AN interesting question of law has arisen in this case and that question of law is whether a suit for specific performance of a contract of sale is barred by the provisions of the Registration Act for the reason that the plaintiff who had obtained a sale deed has failed to agitate his rights to have the document compulsorily registered under the provisions of that Act.

(2.) FOR a fuller consideration and appreciation of the said question of law, it is necessary to set out briefly the facts of this case: The fourth defendant in O.S. No. 1779 of 1974 on the file of the District Munsif's Court of Tindivanam is the appellant herein. The said suit has been filed by the first respondent herein for specific performance of a contract of sale entered into between the plaintiff and defendants 1 to 3. The plaintiff's case was as follows:

(3.) THE suit was resisted by the first defendant raising the following contentions: