Queen Empress Vs. Ramaya Nadan and ors. - Court Judgment
|Respondent||Ramaya Nadan and ors.|
|Cases Referred|| and Queen Empress v. Sobhanadri I. L.|
- 1. the case in atchayya v. gangayya i. l. r 15 m 138 referred to by the judge dealt only with the case of a registrar acting under sections 72 to 75 of the indian registration act. a sub-registrar acting under section 41 of that act has also been held to be a court (in re venkatachala i. l. r 10 m 154 but it has been held in queen empress v. subba i. l. r 11 m 3 and queen empress v. sobhanadri i. l. r 12 m 201 that a sub-registrar acting under sections 34 and 35 of the indian registration act is not a court and those decisions have not been overruled.2. there is therefore no reason for quashing the commitments.
1. The case in Atchayya v. Gangayya I. L. R 15 M 138 referred to by the Judge dealt only with the case of a Registrar acting under Sections 72 to 75 of the Indian Registration Act. A Sub-Registrar acting under Section 41 of that act has also been held to be a court (In re Venkatachala I. L. R 10 M 154 but it has been held in Queen Empress v. Subba I. L. R 11 M 3 and Queen Empress v. Sobhanadri I. L. R 12 M 201 that a Sub-Registrar acting under Sections 34 and 35 of the Indian Registration act is not a court and those decisions have not been overruled.
2. There is therefore no reason for quashing the commitments.