NALLA GOUNDAR Vs. KRISHNASWAMI NAICKER

JUDGEMENT

(1.) In this appeal the Court is called upon to construe Clause (b) of Section 74 of the Indian Registration Act.

(2.) The appellant presented to the Sub-Registrar a conveyance of immoveable property for registration. The vendor (the respondent in this appeal) did not attend at the office of the Sub- Registrar when he was required to do so for the purpose of the registration; and the Sub- Registrar regarded his absence as a denial of execution. Consequently he refused to register the document. Thereupon the appellant appealed to the Registrar under Section 73 of the Act. Without inquiring whether the vendor had executed the deed the Registrar refused to register it because the respondent had not complied with the requirements of Section 145(2) of the Madras Estates Land Act. He considered that compliance with the provision of law contained therein was necessary before the vendee was entitled to have the document registered.

(3.) This resulted in a suit being filed by the appellant under Section 77 in the Court of the District Munsiff of Dindigul. The District Munsiff agreed with the Registrar and dismissed the suit. The appellant appealed to the Court of the Subordinate Judge of Dindigul. The Subordinate Judge held that the Registrar should have registered the document. The respondent then appealed to this Court. His appeal was heard by Horwill, J., who allowed it, as he agreed with the opinion of the District Munsiff. The present appeal is from the judgment of the learned Judge under Clause 15 of the Letters Patent.