Chennai Court July 1889 Judgments

Krishana Asary Vs. Siva Subramania Pillai

Court: Chennai

Reported in: (1896)6MLJ45

ORDER1. It is argued that Exhibit IV was registered and prior in date to Exhibit A, and that, though Exhibit I was not registered, the Respondent was not entitled to claim priority as against the appellant who was admittedly in possession. It is urged, on the other hand, for the Respondent that the instruments in competition with reference to the provision of Section 50 of the Registration Act must be instruments executed by one and the same person. Having regard to the language of Section 50 we see no foundation for this contention.It was certainly not intended to enable the vendor to sell his property more than once. On the true construction of that section, the instruments in competition must be taken to be those relating to the same property, though not necessarily executed by one and the same person, as the intention was to enable intending purchasers for value to rely on the registration books as a certain index of prior titles and incumbrances. Assuming that Exhibit I is genuine...