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Hajee Zackaraya Sett Vs. Chunnu Pandaram and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.55a
AppellantHajee Zackaraya Sett
RespondentChunnu Pandaram and anr.
Cases ReferredKani Veera Reddi v. Kani Bapireddi
Excerpt:
registration act (iii of 1877), sections 49 and 50 - transfer of property act (iv of 1882,), section 54--unregistered deed of purchase--subsequent purchase by another person with notice of prior unregistered purchase--priority. - 1. the deed of sale in favour of the 2nd defendant not having been registered there was no interest created in the 2nd defendant, kani veera reddi v. kani bapireddi 29 m. 338 : 16 m.l.j. 395 : 1 m.l.t. 153 , and, therefore, the plaintiff who bought the property subsequently under a properly registered deed of sale, though with notice of the 2nd defendant's abortive purchase, is entitled to recover the property. the judgment of the learned district judge is set aside and the decree of the munsif restored with costs in this court and the lower appellate court.
Judgment:

1. The deed of sale in favour of the 2nd defendant not having been registered there was no interest created in the 2nd defendant, Kani Veera Reddi v. Kani Bapireddi 29 M. 338 : 16 M.L.J. 395 : 1 M.L.T. 153 , and, therefore, the plaintiff who bought the property subsequently under a properly registered deed of sale, though with notice of the 2nd defendant's abortive purchase, is entitled to recover the property. The judgment of the learned District Judge is set aside and the decree of the Munsif restored with costs in this Court and the lower appellate Court.


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