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Sreekisan Pitty and anr. Vs. Kota Namalwarayya - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1916Mad1170(1); 29Ind.Cas.246
AppellantSreekisan Pitty and anr.
RespondentKota Namalwarayya
Cases ReferredSyed Ajam Sahib v. Meenatchi Devastanam
Excerpt:
registration - receipt containing agreement to accept rent-deed, whether compulsorily registrable. - .....court will stand reversed and the suit will stand dismissed so far as it prays for specific performance.3. under the circumstances the parties will bear their own costs in both.....
Judgment:

1. We think that Exhibit 13, besides being a receipt for the money paid by the defendants, is also a written record of the plaintiff's agreement to accept a rent-deed, which was to be executed by the defendants and a record of the terms of the agreement to lease entered into between the plaintiff and the defendants. Exhibit A is referred to in Exhibit B as a document to be read with and as part of Exhibit B.

2. We think that haying regard to the decisions in Narayanan Chetty v. Muthiah Servai 8 Ind. Cas. 520 : 9 M.L.T. 142 : 21 M.L.J. 44 : 35 M.p 63 and in Syed Ajam Sahib v. Meenatchi Devastanam 8 Ind. Cas. 668 : 35 M.p 95 : 8 M.L.T. 437 : (1910) M.W.N. 766 : 21 M.L.J. 202 Exhibit B must be treated as an agreement to lease and is inadmissible in evidence for want of registration. The decree of the lower Court will stand reversed and the suit will stand dismissed so far as it prays for specific performance.

3. Under the circumstances the parties will bear their own costs in both Courts.


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