ATTIRALA CHINNAMMA Vs. GUMMADI RAVINDRAIAH

JUDGEMENT

(1.) CIVIL Revision Petition No. 3210 of 2008 is filed by the petitioner in I. A. No. 737 of 2007 who was the defendant in O. S. No. 17 of 2004 on the file of the Court of the Principal District Judge, Nellore. The suit was filed by the respondent herein, for specific performance of an unregistered agreement of sale. During the pendency of the suit, I. A. No. 737 of 2007 was filed by the petitioner herein, requesting the Court to frame preliminary issue regarding the maintainability of the suit on the basis of an unregistered agreement of sale, in view of Section 17 (1) of the Registration Act.

(2.) CIVIL Revision Petition No. 3211 of 2008 is filed by the petitioner in I. A. No. 81 of 2008 who was the defendant in O. S. No. 61 of 2006 on the file of the Principal District Judge, Neflore being aggrieved by the order of the lower Court in not framing the preliminary issue regarding the maintainability of the suit in view of Section 17 (1) of the Registration Act. The suit was filed by the respondent herein, for specific performance of an unregistered agreement of sale. During the pendency of the suit, I. A. No. 81 of 2008 was filed under Order 14 Rule 2 read with Section 151 CPC by the present petitioner, seeking to frame the preliminary issue regarding the maintainability of the suit in view of Section 17 (1) of the Registration Act, and to decide the same at the first instance.

(3.) THE contention of the revision petitioner is that the suit was filed by the plaintiff for specific performance of an unregistered agreement of sale, therefore, without registration of the said agreement of sale, it cannot be enforced and hence, the suits cannot be maintained. He further submitted that in view of Section 17 (1) of the Registration Act, the agreement of sale is compulsorily registrable and as the suit agreements are not registered documents, the suits are not maintainable under law.