Munnoottam Kuzhiyil Vayaloli Balan ... vs Thekkedath Sankara Kurup on 9 August, 2011
38. Even otherwise, on the face of the inconsistency
between Bhoop Singh Vs. Ram Singh Major and Ors. and
F.A.O.No.335 of 2011
28
K.Raghunandan Vs. Ali Hussain Sabir, both rendered by
Benches of co-equal strength of the Supreme Court, until the
reference is answered by the larger Bench, this Court is bound to
follow the latter decision - K.Raghunandan Vs. Ali Hussain
Sabir as held by the Full Bench of this Court also in Raman
Gopi Vs. Kunju Raman Uthaman (2011(4) KLT 458). It
follows that since the decree in O.S.No.420 of 1961 is concerning
the subject matter of that suit (which is the suit property herein),
that decree did not require registration compulsorily and is saved
by the exception contained in Subsec.(2)(vi) of Sec.17 of the Act.