RANJITHAMMAL Vs. SOWBAGYATHAMMAL

JUDGEMENT

(1.) The plaintiff is the appellant in the second appeal and she filed this suit for registration of a sale deed in her favour under S. 77 of the Indian Registration Act.

(2.) The defendant-respondent executed a sale deed in favour of the plaintiff of a house on 23rd April 1957. On 2nd August 1957, the plaintiff presented the, sale deed before the Sub-Registrar, for registration. While presenting the document for registration, she filed a petition for excusing the delay in presenting the document before the Sub Registrar. no delay obviously was in waiting till almost the last day for presentation of the document. The Sub Registrar ordered notice to the defendant. The defendant appeared before the Sub Registrar on 30th August, 1957. He admitted execution of the document but stated that he was not willing to register the document as a large portion of the amount due under the sale deed was not paid to him. The Sub Registrar refused to register the document, and an appeal by the plaintiff to the District Registrar, also proved futile. (2a) The plaintiff filed the suit praying for a decree Greeting the document to be registered by the Sub Registrar.

(3.) The trial Court found all the issues in favour of the plaintiff and granted a decree as prayed for. On appeal, the lower appellate court reversed the findings of the trial court and dismissed the suit with costs. It found that the plea put forward by the plaintiff was not accepted by the District Registrar, and as the District Registrar had in exercise of his discretion refused to register the document, it is not a fit case for interference by the civil court.