DAMUSA Vs. ABDUL SAMAD

JUDGEMENT

(1.) This is an appeal from a judgment of the Judicial Commissioner, Central Provinces, which reversed a judgment of the District Court, Amraoti, which in its turn affirmed a judgment of the Subordinate Judge there.

(2.) The question which arises is whether the appellants are ontitled to cancellation of a sale deed, dated the 26th June, 1909, executed by them in favour of the respondent Abdul Samad, and to possession of the land to which it relates. Abdul Samad was the owner of three fields and on the 27th June, 1908, he executed a deed in favour of the appellants purporting to be a deed of absolute sale of these fields for Es. 3,000 (it being the fact that the fields were of a, much greater value). He also executed an agreement reciting the sale deed and providing that if purchase money of the same amount be paid for the fields on the 27th June, 1909, the appellants should resell, but the entire amount was to be paid on the date mentioned. This agreement was of the same date as the deed of sale. There was also a lease, dated two days later, on the 29th June, 1908, under which the first appellant purported to let the fields to the first respondent, in the benami name of his nephew, for a year at a rent which would have been equal to about 24 per cent. interest on the purchase money.

(3.) The effect of the transactions referred to was that the first respondent remained as before in possession of the fields. A year later, on the 26th June, 1909, which was a Saturday, he appears to have been desirous of then paying the stipulated purchase money of Rs. 3,000, and of obtaining a re-conveyance of the property. A sale deed was drawn up for signature by him and the appellants, and for registration, and he paid to the appellants agent Rs. 720, being the rent due under the lease, as well as Rs. 30 laid out for the stamp on the deed. The terms of the re-conveyance provided that the amount of the purchase money was to be received by the appellants from the first respondent in the presence of the registering officer at Kholapur. The deed was drawn up on the stamped paper and executed by the appellants, who went to the registration office and presented the document for registration. The first respondent was not there, but his agent was, with a sum of money in bags, out of which he paid the Rs. 30 for the registration fee. He then went to fetch the first respondent, taking the money with him. After he had gone the appellants waited, but only until the Sub-Registrar left the office and went upstairs to his private quarters in the same house, and then they went away. A little later (about 3-30 P. M.) the respondent arrived, but was told by the Sub- Registrar s clerk that the deed could not then be registered. In the Registrar s minute-book an entry was made to the effect that the vendors wore present and that the deed had been presented for registration, but that, as the purchaser was not present to pay the amount to the debtors, and as the desbtors had not made their statement, registration was adjourned until the purchaser should make his appearance, up to the 26th October, 1909. Whether this is accurate or not, it appears that the reason why the vendors and the Eegistrar were not there when the purchaser arrived a little later was that the Sub-Registrar, feeling unwell, had gone to his rooms upstairs, so that there was no one in the office when the purchaser arrived. The Sub-Registrar s view was apparently that the absence of the purchaser and the want of a statement from the vendors made it the proper course to adjourn registration till a later date. The 27th of June was a Sunday, when no business was transacted. On the Monday the first respondent went to the registry office but the first appellant, although sent for, refused to attend, taking up the ground that the date for the exercise of the right to re-purchase was past. The first respondent explained his delay in being at the office on the Saturday as due to the fact that he had to look for and bring with him the lease which was to come to an end.