NAWAB ALI Vs. RAM MURTI DEVI

JUDGEMENT

(1.) This second appeal by the defendants is directed against the judgment and decree dated 6-5-75 passed by Sri M. Lal Additional Civil Judge, Moradabad.

(2.) Smt. Ram Murti Devi, plaintiff-respondent, filed suit under Section 77 of the Registration Act, 1908, and prayed for issue of a direction to the Sub-Registrar, Amroha to register the sale deed executed by the defendants (present appellants) in her favour. She pleaded in the plaint that the defendants were owners in possession of a house detailed at the foot of the plaint. Two shops adjacent to this house on the eastern side belonged to her sons Jagdish Saran and Bal Krishna. The shops were in the tenancy of Fida Ali, father of Nawab Ali, defendant No. 1. The owners of the shop wanted to eject Fida Ali and civil litigation took place between them. Ultimately all the concerned parties appointed Lala Ram Nath as an Arbitrator by an agreement dated 13-8-68 to settle the matters in dispute between the parties. The arbitrator gave his award to the effect that the shops in question should be transferred in favour of the mother of Nawab Ali, defendant No. 1, and the owners of the house should transfer the same in favour of the plaintiff Smt. Ram Murti Devi. The sale consideration of the shops was to be Rs. 7500/- and that of the house was to be Rs. 4500/-. Two sale deeds were written out in pursuance of this award. Both the sale deeds were presented in the office of the Sub-Registrar on 23-8 68. First the sale deed executed by Jagdish Saran and Bal Krishna in favour of the mother of defendant No. 1 was registered. Thereafter the defendants managed to leave the office of the Sub-Registrar on a pretext and did not turn- up to get the sale deed of the house registered. The plaintiff moved an application before the Sub-Registrar. The Sub-Registrar made an endorsement of refusal on the back of the sale deed. The plaintiff took proceedings under Sections 72 and 73 of the Registration Act but the District Registrar dismissed the application of the plaintiff and directed her to file a regular civil suit. Hence the suit was filed.

(3.) Both the defendants namely, Nawab Ali, defendant No. 1, and Smt. Husan Bano, defendant No. 2, contested the suit and filed a joint written statement. They denied the plaint allegations. They, however, admitted that Jagdish Saran and Bal Krishna had executed sale deed in respect of two shops in favour of the mother of defendant No. 1 and the same was registered in the office of the Sub-Registrar, Amroha on 23-8-68. They (defendants) added that they had handed over the title-deeds of their house to Shaukat Ali (husband of defendant No. 2) for verification of the boundaries in connection with the sale deed of the shops and Shaukat Ali had handed over those title-deeds to Jagdish Saran and Bal Krishna. They denied having executed the sale deed in dispute in favour of the plaintiff. They also denied the execution of the Arbitration Agreement and other facts.