SUBBAMMAL Vs. SUBRAMANIAM

JUDGEMENT

(1.) THIS civil revision is filed by the first defendant in the suit. The first respondent herein has filed the suit for a decree declaring, that the share of Alamelu Ammal in the plaint schedule properties belongs to him or in the alternative for specific performance of the agreement by executing a gift settlement deed or release deed, as provided therein and have it registered. The averments in the plaint are as follows: The property originally belonged to one Peria Subbiah Gounder the grandfather of the plaintiff. He had a son by name Natthi Gounder. The plaintiff and the second defendant are the sons of Natthi Gounder. The first defendant (revision petitioner) is the daughter of Peria Subbiah Gounder. Peria Subbiah Gounder died on 4. 3. 1962. After the death of Peria Subbiah Gounder , his wife Alamelu Ammal , son Natthi Gounder , plaintiff and the second defendant continued to live jointly. Natthi Gounder died on 13. 11. 1967 The first defendant, (daughter) Subbammal had already released her right in the joint family property in favour of the plaintiff and the second defendant, as per the release deed executed by her in their favour. The plaintiff and the second defendant were in enjoyment of the properties without any division. The plaintiff was in possession of certain properties and the second defendant was in possession of certain other properties. On 31. 12. 1983, Alamelu Ammal , the grandmother of the plaintiff and the second defendant executed an agreement, in favour of the plaintiff, undertaking to convey her share in the properties either by a settlement deed or by release deed. The agreement was produced along with the plaint. She agreed to convey her share is the properties within a year from the date of agreement viz. . 31. 12. 1983. Under the terms and conditions of the agreement, the plaintiff is entitled to enforce his right through court, in case she had failed to comply with the terms of the agreement. Alamelu Ammal died on 20. 8. 1984. There is also a stipulation in the said agreement that in case of her death before executing the settlement deed, her share in the property should go to the plaintiff and that he should enjoy the case absolutely.

(2.) THE suit was contested by the defendants When the plaintiff sought permission to file the agreement, referred to in the plaint during the course of evidence, the same was objected to by the defendants on the ground that the document required registration and it was not registered. THE learned trial Judge has taken the view that the first part of the document, in which the executant had agreed to convey the property to the plaintiff by way of settlement or release was only an agreement and it did not require registration. However, the learned trial Judge has opined that the later part of the agreement, which stipulates that in case of death of Alamelu Ammal , within one year, the property would go to the plaintiff, required registration, as it conveyed a contingent interest in favour of the plaintiff. As against the said order of the learned trial Judge, this civil revision petition is filed by the first defendant.