Law: Registration Act, 1908

Section: 34,35

Law: Constitution of Pakistan, 1973

Section: 199

Law: Registration Rules, 1929

Section: 135

Registration Act (XVI of 1908) ----Ss. 34 & 35---Registration Rules, 1929, R.135---Constitution of Pakistan, Art. 199---Constitutional petition---Scope of enquiry before registration by Registering Officer---Procedure on admission and denial of execution---Scope of powers of Registering Officers in relation to determination of whether the documents sought to be registered had been executed by those purported to have executed them---Scope---Petitioner had executed a gift deed and presented the same before Registering Officer for registration; who refused to register the document on the ground that the document had been presented by the local commission for registration on basis of "Fard Jamabandi" issued by patwari instead of for sale of the property (Fard Bay) and did not contain a note in red ink with regards to the nature of the property---Contention of the petitioner was that under Rule 135 of the Registration Rules, 1929; the Registering Officer was bound to register the gift deed and could not demand the Fard Bay or the note in red ink---Validity---Registration Officer under Ss.34 & 35 of the Registration Act, 1908 could examine any person in his office to determine whether a document had been executed by the persons it was purported to have been executed by---In the present case, the Registering Officer in order to satisfy himself with respect to the identity of the executants required the local commission to produce the latest Fard Bay---Registering Officer objected to the Fard Jamabandi as it did not satisfy him with regards to whether the deed was executed by its purported executants as the Fard Jamabadni was issued for record purposes and not for transfer purposes---Requiring the local commission to produce Fard Bay to ensure that the executants of the gift deed had executed the said gift deed did not in any way amounted to questioning the validity of the document and R.135 of the Registration Rules, 1929 did not prevent the Registering Officer from fulfilling his statutory duty under Ss.34 & 35 of the Registration Act, 1908---Requirement of satisfaction of the Registering Officer may be more stringent in cases where the document was…

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