AIR 1934 MADRAS 735(2)

Madras High Court

Hon'ble Judge(s): Madhavan Nair , J

Registration Act (16 of 1908) , S.17— Varthamanam executed in token of cancelling certain deed - Held did not require registration. In a suit for recovery of money on hypothecation bond in favour of plaintiff's predecessor, the defendant sought to put in an unregistered-document executed by the plaintiff's predecessor to the defendant. It said as follows: "Inasmuch as no amount is due to me thereunder and it is benami I have executed this varthamanam in token of my cancelling the said deed and the deed previous thereto when required by you and of my having no right to take any action thereunder." Held: that it did not require registration as it did not extinguish any right or declare any right but that there was only a statement of fact that no money was due under the deeds