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Kanteti Venkayya Vs. Balabhadrapatruni Kotayya - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad153
AppellantKanteti Venkayya
RespondentBalabhadrapatruni Kotayya
Excerpt:
registration act, 1866, section 50 - unregistered mortgage defeated by subsequent registered sale. - - both documents were-optionally registrable, but first defendant, who elected not to register his document, did so at the risk of having his title under his mortgage defeated by a subsequently registered document.innes and kinrersley, jj.1. under the decisions of this court the registered sale-deed of the 8th march 1871 in favour of plaintiff, which has been found to be genuine,, takes effect under section 50 of the registration act of 1866 against the unregistered document of 1869 (upon which first defendant has obtained a decree) as regards the property comprised therein. both documents were-optionally registrable, but first defendant, who elected not to register his document, did so at the risk of having his title under his mortgage defeated by a subsequently registered document.2. we must reverse the decree of the district judge and restore that of the. distinct munsif with costs in this and the lower appellate court.
Judgment:

Innes and Kinrersley, JJ.

1. Under the decisions of this Court the registered sale-deed of the 8th March 1871 in favour of plaintiff, which has been found to be genuine,, takes effect under Section 50 of the Registration Act of 1866 against the unregistered document of 1869 (upon which first defendant has obtained a decree) as regards the property comprised therein. Both documents were-optionally registrable, but first defendant, who elected not to register his document, did so at the risk of having his title under his mortgage defeated by a subsequently registered document.

2. We must reverse the decree of the District Judge and restore that of the. Distinct Munsif with costs in this and the Lower Appellate Court.


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