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TMI Blog1932 (3) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... n entered into by Moolla on his own account or whether the Company was the undisclosed principal of Moolla in respect of such agreement. 3. The trial Judge held that Moolla had entered into the agreement as principal and had afterwards transferred the benefit of it to the Company and that therefore the Company was under no liability to the respondent. The appellate Court held that the Company was the undisclosed principal and was liable to the respondent and that the proof had been wrongly rejected. Against this decision the liquidator appealed to His Majesty in Council and before their Lordships' Board raised the contention that the agreement of 27th July 1921 required registration under the Indian Registration Act, that it had not been registered and that as it had not been registered it could not be used for any purpose whatever and ought to be ignored by the Court with the result that any claim for damages based by the respondent upon breach of that agreement must necessarily fail. The questions therefore which arise for their Lordships' consideration are: (1) Ought the appellant to be allowed to raise now for the first time before the tribunal of last resort the que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... less at or for the price of Its. (twelve thousand five hundred) per acre. 2. That the purchaser had paid to the vendor Rs. (10,000) ten thousand as earnest money, the receipt of which the vendor doth hereby acknowledge. 3. That the purchaser agrees to complete the conveyance within three months from 12th July 1921, by paying the balance of the purchase money calculated at the rate aforesaid save and except a sum of Rs. (1,00,000) one hundred thousand which sum is to remain outstanding as in the clause next provided. 4. The vendor agrees to keep the said balance of unpaid purchase money namely Rs. (1,00,000) one hundred thousand invested with the purchaser for a period not exceeding three to five years as the purchaser may wish on the purchaser paying interest thereon at the rate of eight per annum payable monthly and the same secured by the equitable mortgage of the premises hereby agreed to be sold, that is, by the purchaser depositing the title deeds of the said premises including the conveyance in his favour with the vendor. 5. That the vendor shall make out a good and clean title to the said premises and produce for inspection the title deeds as soon as required by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ind up the company, and an order for winding up was made on 21st June 1927, and one Hormasji was appointed liquidator. Between the presentation of the petition and the making of the order, viz., on 18th June 1927, the respondent at the instance of Moolla, filed in opposition to the petition, an affidavit prepared by Moolla's clerk. In this affidavit she stated that she was a secured creditor of the company for ₹ 1,31,137-8-0. This was the sum then calculated to be owing under the agreement of 27th July 1921. Moolla himself was declared insolvent on some date between April and June 1927. His assets were practically nil. He did not enter the name of the respondent as a creditor in the schedule relating to his own affairs which it was his duty to file in the insolvency proceedings. (After discussing the evidence, the judgment proceeded). The only matter debated before the Judge who tried the petition was the question of fact whether the company was in connexion with the purchase the undisclosed principal of Moolla. The learned Judge held that Moolla purchased on his own account. The respondent appealed. The question, and the only question, debated before the appellate side w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... * * * or (c) be received as evidence of any transaction affecting such property...unless it has been registered. 19. Their Lordships are satisfied that there is nothing in the section cited when properly construed to compel the Court to take notice of the nonregistration of an admitted document unless at any rate such document must, if treated as effective, be the foundation of a judgment affecting immovable property comprised in such document. 20. Here the agreement has been admitted throughout. Indeed, it was first put in by the appellant. Further the proceedings do not in any respect affect any immovable property. The immovable property affected by the agreement long since passed out of the picture, and the only claim in these proceedings is a personal one for damages for breach of an admitted contract against an alleged undisclosed principal who denies he was a principal. 21. Their Lordships therefore regard themselves as free to consider upon general principles, whether the appellant ought to be allowed to raise the point of nonregistration. They are satisfied that he ought not to be allowed to do so. It has already been pointed out that the circumstances in which the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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