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Madras High Court
Hajee Zackaraya Sett vs Chunnu Pandaram And Anr. on 20 October, 1910
Equivalent citations: 9 Ind Cas 55 a
Bench: R Benson, A Rahim


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 (F.B.), 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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