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Bommi Reddi Muni Reddi Vs. Perur Subbiah - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in172Ind.Cas.406; (1937)1MLJ635
AppellantBommi Reddi Muni Reddi
RespondentPerur Subbiah
Cases Referred and Bommadevara Nayamma Nayudu Bahadur Zamindar Garu v. Thurgu Pattibhiramayya
Excerpt:
registration act (xvi of 1908), section 74(5) - meaning of--order of registrar made under the section--whether can be executed by civil court. - .....the costs of any such enquiry shall be recoverable as if they had been awarded in a suit under the civil procedure code, 1908.3. now that sub-section presumes that the registrar is not a civil court. the high court in two decisions manavala goundan v. kumarappa reddy 30 m 326 and bommadevara nayamma nayudu bahadur zamindar garu v. thurgu pattibhiramayya 51 m 245 : 109 ind. cas. 180 : 27 lw 316 : 51 mlj 595 : air 1928 mad. 475 : (1928) mwn 101, has already held that his proceedings are not open to revision under section 115, civil procedure code. but i consider the meaning of the latter part of the sub-section to be that, although he is not a civil court, yet any costs ordered by him can be recovered as if he were a civil court and as if those costs had been awarded in a suit under the.....
Judgment:

Mockett, J.

1. The only question here is -whether, under Section 75, Sub-section (4) of the. Indian Registration Act, an order of the Registrar made under that section can be executed by a District Munsif. The District Registrar of Cuddapah held an enquiry under Section 74 and made an award of Rs. 329-14-0 as costs against the respondent, which he sent to the District Munsif 's Court of Prodattur for execution. The District Munsif held that he had no power to execute it and that order was reversed. On appeal by the learned District Judge, Cuddapah, against whose order this appeal has been filed.

2. Section 75, Sub-section (4) is as follows:

The Registrar may for the purpose of any enquiry under Section 74, summon and enforce the attendance of witnesses and compel them to give evidence, as if he were a Civil Court, and he may also direct by whom the whole or any part of the costs of any such enquiry shall be recoverable as if they had been awarded in a suit under the Civil Procedure Code, 1908.

3. Now that sub-section presumes that the Registrar is not a Civil Court. The High Court in two decisions Manavala Goundan v. Kumarappa Reddy 30 M 326 and Bommadevara Nayamma Nayudu Bahadur Zamindar Garu v. Thurgu Pattibhiramayya 51 M 245 : 109 Ind. Cas. 180 : 27 LW 316 : 51 MLJ 595 : AIR 1928 Mad. 475 : (1928) MWN 101, has already held that his proceedings are not open to revision under Section 115, Civil Procedure Code. But I consider the meaning of the latter part of the sub-section to be that, although he is not a Civil Court, yet any costs ordered by him can be recovered as if he were a Civil Court and as if those costs had been awarded in a suit under the Civil Procedure Code, otherwise a Registrar's order as to costs is futile and I can find no other machinery for their recovery outside Section 75 of the Indian Registration Act, G.O. No. 1597, dated July 8,1879, has been quoted to me which purports to empower a Registrar to imprison persons for non-payment of costs decreed by him; but that does not decide the matter. In any case, the same Government Order states as an axiom. What is now a matter for decision, namely, that an order for costs can be executed through a Civil Court in the ordinary way. I prefer to place my decision on what I consider to be clear words of Sub-section (4) which, in the view I take, expressly empowers a Registrar to send his order for costs for execution exactly as if they had been awarded in a suit, and the method of their recovery is to be in accordance with the Civil Procedure Code, that is to say, under the provisions of Order XXI, etc. It is surprising that this matter has never come up for formal decision before.

4. The appeal will be dismissed with costs.


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