GOVINDAMMAL Vs. GOPALACHARIAR, MINOR, BY NEXT FRIEND VEDANTACHARIAR

JUDGEMENT

(1.) THE facts are simple. THE 1 defendant sold the land which forms the subject-matter of this suit to the 3 defendant on the 21 November 1899 under Exhibit I, a registered document, and subsequently executed Exhibit A on the 18 January 1900 by which he purported to sell the same land to the 1 plaintiff. THE 3 defendant was duly put in possession of the land. Both the lower Courts have found that at the time that Exhibit I was drawn up, a price was fixed for the land and that the 3 defendant promised to pay this sum at the time of registration, but that as a matter of fact he has paid nothing. THE lower Courts have given the plaintiff a decree for the recovery of the land from the 2nd defendant. "We are of opinion that this decision cannot be upheld. It is clear that under the provisions of Section 54 of the Transfer pi Property Act, there was a valid sale of the land to the 3 defendant under Exhibt I and this sale-deed was registered as then required. All the reported decisions are to the effect that such a sale is a completed transaction notwithstanding that the price agreed upon at the time of execution has never been paid. Reference may be made inter alia to the decision in Tatia V/s. Babaji (1898) I.L.R. 22 B. 176 (per farran C.J., at page 183) and Sagoji V/s. Namdev (1899) I.L.R. 23 B. 525. It is urged that a suit would lie to set aside Exhibt I; but it is unnecessary to consider whether this is a valid contention as it is certain that the only person who could bring such a suit is the 1 defendant. THE 1 defendant could no doubt bring, a suit against the 3 defendant for payment of the price fixed for the land, but it must be held that the plaintiffs have no remedy whatever as against the 3 defendant.

(2.) WE set aside the decrees of the lower Courts and dismiss this suit. The respondents will pay the costs of the appellant throughout.