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Subbaraya Pillai and anr. Vs. C.D. Devasahayam Pillai and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in100Ind.Cas.344
AppellantSubbaraya Pillai and anr.
RespondentC.D. Devasahayam Pillai and anr.
Cases Referred and Chinna Krishna Reddi v. Dorasami Reddi
Excerpt:
specific performance - suit for directing execution of fresh deed, when maintainable--now--registration due to plaintiff's negligence, effect of. - 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.
Judgment:

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.


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