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TMI Blog1939 (8) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... ry, Madras. She claimed that the house was her absolute property. The defence was that the house was built in part by monies belonging to the defendants and that they had an interest in it. During the pendency of the suit the husband died and subsequently the parties agreed to a compromise decree being passed. The agreement which was entered into comprised disputes 'relating to other matters. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised on the terms set out in the document filed in Court, Wadsworth, J., passed a decree in accordance with the agreement. The appellant asks that the compromise decree be set aside for the reason she advanced before the/learned Judge. 2. It is conceded by the appellant's learned advocate, that on the evidence as it stands on the record the learned Judge's finding cannot be questioned. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... surrounding circumstances and when this is done it is manifest that it does not fall within the purview of Section 17(1)(b). As I have indicated, there were other disputes besides the dispute which led to the filing of the suit. These disputes related inter alia to two other houses and the parties met to settle all their differences. The terms of settlement having been agreed upon they were put i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clusion open. A memorandum of agreement, which this document is, requires registration if the parties intend it to be a declaration of rights and it is so worded, but a memorandum drawn up for the purpose of obtaining another document to declare rights - in this case the decree - does not require registration. Section 17(2)(b) of the Registration Act expressly exempts from registration a document ..... X X X X Extracts X X X X X X X X Extracts X X X X
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