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Veerappa Chettiar Vs. Visvanadha Aiyar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in30Ind.Cas.507
AppellantVeerappa Chettiar
RespondentVisvanadha Aiyar
Excerpt:
registration act (xvi of 1908), section 35 - interlineation at end of deed--denial of execution by executant--deed, if can be registered. - 1. we agree with the subordinate judge that the passage at the end of the deed was an interpolation and that under section 20 of the registration act, the sub-registrar was justified in refusing to register the deed as the parties were not prepared to admit the interlineation. we also think there was a denial of execution by the defendant within the meaning of section 35. we do not think the plaintiff is entitled to have the document registered as the deed of the defendant. as incidental to the dismissal of the plaintiff's suit for the registration, we think that we should at the same time order the registration of the execution of the deed by the plaintiff to be cancelled.2. the appeal is dismissed with costs.3. the memorandum of objections is dismissed with costs.
Judgment:

1. We agree with the Subordinate Judge that the passage at the end of the deed was an interpolation and that under Section 20 of the Registration Act, the Sub-Registrar was justified in refusing to register the deed as the parties were not prepared to admit the interlineation. We also think there was a denial of execution by the defendant within the meaning of Section 35. We do not think the plaintiff is entitled to have the document registered as the deed of the defendant. As incidental to the dismissal of the plaintiff's suit for the registration, we think that we should at the same time order the registration of the execution of the deed by the plaintiff to be cancelled.

2. The appeal is dismissed with costs.

3. The memorandum of objections is dismissed with costs.


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