A.MAHENDRAN Vs. M.PALANIAMMAL

JUDGEMENT

(1.) The petitioner has preferred the above Civil Revision Petition against the order dated 26.02.2016, passed by the Principal District Judge, Dharmapuri, in

(2.) The petitioner/plaintiff has filed the above suit for specific performance on the basis of a sale agreement dated 07.11.2015. The Lower Court has rejected the suit as not maintainable as the sale agreement was unregistered one. The Lower Court has held that the main purpose of the agreement to execute the sale deed. There is no collateral transaction and only in contract or for the purpose of evidence alone the unregistered documents are to be used. On the above finding, the plaint was rejected. The petitioner, aggrieved over the rejection of the plaint at the threshold, has come up with the present Civil Revision Petition.

(3.) Sec. 49 of the Registration Act, 1908, reads as under: