1. The lower Courts were right in following Venkatasami v. Kristaya 16 M. 341and dismissing the suit The cases relied on by appellants Nynakka Routhen V. Vavana Mahomed Naina 5 M.H.C.R. 123. Nallappa Reddi v. Ramalingachi Reddi 20 M. 250 and Chinna Krishna Reddi v. Dorasami Reddi 7 Ind. Dec. 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.
Subbaraya Pillai And Another v. C.d. Devasahayam Pillai And Another
Subbaraya Pillai And Another v. C.d. Devasahayam Pillai And Another
(High Court Of Judicature At Madras)
| 26-10-1921
Advocate List
Bench
- HON'BLE JUSTICE WILLIAM BOCK AYLING, C.J
- HON'BLE JUSTICE ODGERS, J
Eq Citations
- 100 IND. CAS. 344
- 1922 MWN 70
- LQ/MadHC/1921/209
Head Note
Transfer of Property Act, 1882 — Ss. 17 and 34 — Suit for substitution of registered sale deed — Dismissal of — Document sought to be replaced was in possession of plaintiffs from the time of execution — Held, was open to them at any time to apply to get it registered
