LAWS(MAD)-2005-7-81

D RAVI Vs. RAGHUNATH DIED

Decided On July 28, 2005
D.RAVI Appellant
V/S
RAGHUNATH (DIED) Respondents

JUDGEMENT

(1.) THE legal representatives of the original defendant are the appellants against the reversing decision.

(2.) THE facts giving rise to the present appeal are as follows :-Plaintiff is the son of the defendant. A sale deed was executed by the defendant on 2. 11. 1978 in respect of an immovable property. In such document, it has been recited that consideration money of Rs. 15,500/- had been paid to the vendor. Subsequently, the document was presented for registration on 2. 11. 1978. The defendant admitted the execution of the document. However, since permission contemplated under Section 26 of the Urban Land (Ceiling and Regulation) Act had not been obtained, the registering authority passed an order on 10. 12. 1979 refusing to register the document. An appeal filed under section 72 of the Registration Act, 1908, was rejected by the appellate authority by order dated 17. 4. 1980. Application for obtaining copy of the order was filed on 13. 5. 1980 and the order of the appellate authority was made available on 30. 5. 1980. O. S. No. 295 of 1980 was filed before the Principal Sub-Judge, Pondicherry, on 16. 6. 1980, that is to say, the re-opening day after the summer vacation. In the said suit, the following reliefs had been claimed :-

(3.) THE trial court framed the following issues :-