SUBBARAYA PILLAI Vs. CDDEVASAHAYAM PILLAI

JUDGEMENT

(1.) THE lower Courts were right in following Venkatasami V/s. Kristaya 16 M. 341 : 3 M.L.J. 169 : 5 Ind. Dec. (N.S.) 945 and dismissing the suit THE cases relied on by appellants Nynakka Routhen V. Vavana Mahomed Naina 5 M.H.C.R. 123. Nallappa Reddi V/s. Ramalingachi Reddi 20 M. 250 : 7 Ind. Dec. (N.S.) 13 and Chinna Krishna Reddi V/s. Dorasami Reddi 20 M. 19 : 7 Ind. Dec. (N.S.) 13 are all distinguishable inasmuch as the documents sought to be replaced in those suits were burnt, lost or fraudulently suppressed by the defendants therein. In the present case the document was in the possession of plaintiffs from the time of execution and it was open to them at any time to apply to get it registered.

(2.) THE second appeal is dismissed with costs.