SANKARAVELU PILLAI MINOR BY HIS ADOPTIVE MOTHER AND NEXT FRIEND, KARUPPAYEE AMMAL Vs. MUTHUSAMI PILLAI

JUDGEMENT

(1.) Two main questions arise for decision in this appeal, in which the rights of the parties under Exhibit II have to be determined.

(2.) The first question is whether Exhibit II required registration, or whether it can be adduced in evidence and can affect immoveable property notwithstanding that it has not been registered. This question depends primarily upon the effect of Sections 17 and 49 of the Indian Registration Act. Section 17 provides in the first instance that the documents mentioned thereinafter shall be registered if the property to which they relate is situate in certain districts. Then certain classes of documents are mentioned which are all such as operate to create, declare, assign, limit or extinguish any right, title or interest in immoveabte property; and include gifts and leases. Then the second sub-section of Section 17 excepts twelve kinds of documents which need not be registered, though it might otherwise have been considered that Clauses (6) and (e) of Sub-section (1) covered them, in other words, that they were documents of the classes mentioned above. Amongst the excepted class of documents is mentioned, any decree or order of a Court or any award."

(3.) Section 49 provides inter alia that no document required by Section 17 to be registered shall affect any immoveable property comprised therein unless it has been registered.