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Madras High Court
Kanteti Venkayya vs Balabhadrapatruni Kotayya on 16 November, 1882
Equivalent citations: (1883) ILR 6 Mad 153
Author: I A Kinrersley
Bench: Innes, Kinrersley


Innes and Kinrersley, JJ.

1. Under the decisions of this Court the registered sale-deed of the 8th March 1871 in favour of plaintiff, which has been found to be genuine,, takes effect under Section 50 of the Registration Act of 1866 against the unregistered document of 1869 (upon which first defendant has obtained a decree) as regards the property comprised therein. Both documents were-optionally registrable, but first defendant, who elected not to register his document, did so at the risk of having his title under his mortgage defeated by a subsequently registered document.

2. We must reverse the decree of the District Judge and restore that of the. Distinct Munsif with costs in this and the Lower Appellate Court.

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