STATE OF GOA Vs. ANDREW FRANCIS DAVIES

JUDGEMENT

(1.) THE appeal is filed against Judgment and Decree of the Civil Suit No.25/2009, which was pending in Court of District Judge, Panaji. The suit filed by the respondents under Section 77 of the Registration Act, 1908 and for directions is decreed in their favour by the Trial Court. Both the sides are heard.

(2.) IN short, the facts leading to the institution of the suit can be stated as follows.

(3.) IT is the case of the plaintiffs that they had presented the sale deed for registration before the registering authority on 30/4/2008. It is contended that the registration was refused by the Sub Registrar, Bardez at Mapusa, buy giving reasons that it was necessary for the plaintiff to obtain permission of Reserve Bank of India (R.B.I, for short) for such transfer. It is the case of the plaintiff that they contacted the R.B.I and the R.B.I informed that if they fall under section 2(v) of The Foreign Exchange Management Act 1999 (FEMA, for short), from that angle it was not necessary for them to obtain any permission for any such transaction.