JUTANI DEVI Vs. GANGAU SINGH

JUDGEMENT

(1.) The appellant was defendant No. 1 in Title Suit No. 231 of 1982 instituted by respondent Gangu Singh. He had instituted the suit with the object of obtaining a decree directing the appellant to execute and register a deed of sale in his favour in respect of the properties described in Schedule of the plaint.

(2.) The suit was dismissed by the trial Court only on the ground that when the defendant No. 1 refused to execute the sale deed in pursuance of registered agreement for sale of the suit properties before the Sub-Registrar, the plaintiff was entitled to apply before the Sub-Registrar within 30 days of the refusal for compulsory registration of the deed. The plaintiff was entitled to appeal before the Registrar, in the event, the Sub-Registrar had refused to register the deed. Then he could have, if the appeal failed, the plaintiff was entitled to institute a suit under Section 77 of the Indian Registration Act. This view of the trial Court obviously was as a result of mis-conception of the relevant provisions as contained in Sections 71 to 77 of the Indian Registration Act, 1908. It is true, where a person executes a document, but refuses to register it, the person in whose favour the document is executed is entitled to establish his right to have the document registered by instituting a suit under Section 77 of the Act "for a decree directing the document to be registered". But such a suit, will not lie unless the conditions precedent to its institution are complied with, in other words, unless the various steps prescribed by the Acts are taken. The lesser remedy provided by Section 77 of the Act does not take away the larger remedy under the Specific Relief Act. This was a simple suit for Specific Performance of contract and the trial Court was wrong in holding that the suit was barred under the provisions of Section 77 of the Act.

(3.) The trial Court had decided all the issues in favour of the respondent, but the plaintiff's suit failed on the ground of maintainability on the erroneous interpretation of law.