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Nallappa Reddi Vs. Ramalingachi Reddi and ors. - Court Judgment

LegalCrystal Citation
Subjectcivil;Contract
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad250
AppellantNallappa Reddi
RespondentRamalingachi Reddi and ors.
Cases ReferredIn Venkatasami v. Kristayya I.L.R. Mad.
Excerpt:
registration - indian registration act, 1877, section 60--loss of sale-deed. - .....to claim that the first defendant should execute a fresh deed of sale and register it, and assuming, as found by the munsif, that second and third defendants had notice of the sale to the plaintiff, he was further entitled to possession.2. the cases applicable to this are nynakka routhen v. vavana mahomed naina routhen 5 m.h.c.r. 133 and nagappa v. devu i.l.r. h mad. 55. in venkatasami v. kristayya i.l.r. mad. 341 relied on by the district judge, the sale-deed had not been lost, and so there could be no claim for specific performance. the district judge's decision on this point is therefore wrong, and he is requested to find, on the evidence on record upon the issue, whether defendants nos. 2 and 3 had notice of the sale to the plaintiff; in which case the munsif's decree will have to be.....
Judgment:

1. The plaintiff's sale-deed having been lost, he was entitled to claim that the first defendant should execute a fresh deed of sale and register it, and assuming, as found by the Munsif, that second and third defendants had notice of the sale to the plaintiff, he was further entitled to possession.

2. The cases applicable to this are Nynakka Routhen v. Vavana Mahomed Naina Routhen 5 M.H.C.R. 133 and Nagappa v. Devu I.L.R. H Mad. 55. In Venkatasami v. Kristayya I.L.R. Mad. 341 relied on by the District Judge, the sale-deed had not been lost, and so there could be no claim for specific performance. The District Judge's decision on this point is therefore wrong, and he is requested to find, on the evidence on record upon the issue, whether defendants Nos. 2 and 3 had notice of the sale to the plaintiff; in which case the Munsif's decree will have to be restored, and that of the District Judge reversed. The District Judge is requested to submit his findings within one month from the date of the receipt of this order. Seven days will be allowed for riling objections after the finding has been posted up in this Court.


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