PADALA SATYANARAYANA MURTHY Vs. PADALA GANGAMMA

JUDGEMENT

(1.) The question to be answered in this case is whether Section 77 of the Indian Registration Act bars a suit on the basis of an unregistered will when the Sub-Registrar refused to admit it for registration, which order was confirmed on appeal by the District Registrar.

(2.) The facts leading up to the Civil Miscellaneous Appeal lie in a narrow compass and could be stated in the following words. The appellant sought to sue in forma pauperis for recovery of the properties belonging to one Padala Paddireddi, who died on 6-8-1953, possessed of the same and leaving behind him his wife and two daughters and his younger brother, the plaintiff, averring that Paddireddi executed his last will and testament two days prior to his death bequeathing most of his properties to the plaintiff. The will was presented in the Sub-Registrars Office at Kothapeta. On an objection taken by the widow and the daughters of Paddireddi, registration was refused on 19-3-1954. This order of refusal was confirmed by the District Registrar on appeal. Thereupon he filed a petition under Order 33 Rule 2, C.P.C. for permission to file the suit in forma pauperis.

(3.) The petition was rejected by the Subordinate Judge, on the ground that the suit was ot maintainable in view of the provisions of Section 77 of the Indian Registration Act (hereinafter referred to as the Act). In the opinion of the trial Court, the only course open to the present appellant was to resort to Section 77 of the Act having attempted to get the will registered as per the provisions of the Registration Act and failed. It is that order that is appealed against.