JAI SINGH Vs. PUSHPA DEVI

JUDGEMENT

(1.) PLAINTIFFS feeling aggrieved by the order of Registrar whereby he refused to register the document filed a suit for declaration and injunction.

(2.) THE defendants in pursuance to the notices issued by the Court put in appearance and filed written statement. Defendant Nos. 1 and 2 to 5 in their written statement have controverted the assertion of the plaintiffs and have pleaded that the suit is not properly valued for the purposes of Court fee and jurisdiction; the suit as framed does not lie under Section 77 of the Indian Registration Act; the suit is not within limitation and that defendant No. 5 is a bona fide purchaser for consideration and without notice.

(3.) ON the pleadings of the parties, various issues were framed between the parties. However, the crux of the matter revolved round decision of issues No. 13-whether the suit is within time? Other issues were either not pressed by the defendants or same were decided in favour of the plaintiffs. Under issue No. 13, the trial Court came to the conclusion that though the impugned order dated 28. 3. 1974 was announced without fixing any date but all the same one of the plaintiffs namely, Jai Singh had acquired knowledge of the dismissal of the petition and this way the time would run from the date of order i. e. from May 28, 1974. Since the suit was filed after the expiry of the statutory period of 30 days, the same was clearly barred. Resultantly the suit of the plaintiffs was dismissed vide judgment and decree dated 2. 6. 1978.