ANANDA NAYAGI Vs. KANNIKUMARI

JUDGEMENT

(1.) These revisions have been filed by the plaintiff in OS.No.323 of 2013 and O.S.No.324 of 2013 on the file of the Subordinate Court, Poonamallee. The suits have been instituted seeking the relief of specific performance.

(2.) Heard Mr.V.Sundarraman, learned counsel for the petitioner, Mr.V.Manisekaran, learned counsel for the 1st respondent and Mr.A.Anandan, learned Government Advocate for the 2nd respondent in both the revisions.

(3.) It is the case of the plaintiff that the property was originally owned by the Slum Clearance Board and subsequently, the same came to be allotted to the 1st defendant. Even before the 1st defendant became the absolute owner, the plaintiff entered into an agreement to purchase the said property allotted to the 1st defendant on the understanding that the 1st defendants in both the suits would execute registered Sale Deed in favor of the plaintiff. On receipt of the entire sale consideration, an unregistered Sale Deed was executed by the respective 1st defendants in both the suits, in favor of the respective plaintiffs in the said suits. At the time of examination, the learned Subordinate Judge has refused to mark the said unregistered Sale Deeds on the ground that it is not collateral transactions and the plaintiffs rely upon the said Sale Deeds as evidence of completed sale transactions. The Trial Court therefore refused to mark the said unregistered Sale Deeds in favor of the revision petitioners, finding that the said documents are hit by Sec. 49 of the Registration Act including its proviso.