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Kalavakurti Venkata Subbaiah vs Bala Gurappagari Guruvi Reddy on 5 August, 1999 cites

Anchuru Veerapa Naidu vs Gurijala Venkaiah Chowdari on 23 December, 1960

261, the Kerala High Court agreed with the view expressed in Veerappa Naidu v. Venkaiah, AIR 1961 A.P. 534, to hold that a person seeking relief other than bare registration can approach the court by filing a suit and his right to file a suit in civil court is not fettered by Section 77 of the Act. The view taken is that Section 77 of the Act is only a facility available to the aggrieved party and not a fetter on the courts power and whether the plaintiff has already set in motion the machinery for enforcing registration or not is immaterial and cannot inhibit a suit de hors Section 77 of the Act. Now the pendulum appears to have swung from one extreme to another towards the view that a suit for specific performance by way of registration of a document is maintainable notwithstanding the alternative remedy provided under Section 77 of the Act. We may advert to Section 77 of the Act. Several steps have to be taken before a suit under Section 77 of the Act could be filed and they are : a) document has to be presented for registration within the time prescribed by Sections 23-26 of the Act;
Andhra HC (Pre-Telangana) Cites 14 - Cited by 7 - Full Document
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