Law: Registration Act, 1908

Section: 17

Law: Specific Relief Act, 1877

Section: 12,54

(a) Registration Act (XVI of 1908)--- ----S.17---Specific Relief Act (I of 1877), Ss. 12 54---Suit for specific performance and permanent injunction---Registered documents---Sanctity---Trial Court decreed the suit of the plaintiff/respondent/defendants contended that the registered documents (Power of Attorney, sale-agreement and sale-deed) executed by their predecessor (seller) were forged, fictitious and fabricated---Held, that not all legal formalities/requirements (regarding thumb-impression, signature etc of attorney, principal/seller and the like) were fulfilled while registering irrevocable General Power of Attorney and sale-deed---In oral evidence, the concerned official produced the record of registration in respect of Power of Attorney as well as sale-deed; one marginal witness himself corroborated the plaintiff while son of other late marginal witness verified the signature of his father on the document---Even thumb impression/signature of the deceased seller was verified through the comparison process conducted by the Trial Court---Trial Court had considered documentary and oral evidence to form the view that the deceased seller had sold his plot to the plaintiff---No illegality or infirmity was found in the impugned and decree passed by the Trial Court---Appeal was dismissed, in circumstances. (b) Registration Act (XVI of 1908)--- ----S.17---Specific Relief Act (I of 1877), Ss. 12 54---Suit for specific performance and permanent injunction---Registered documents---Presumption of truth---Trial Court decreed the suit of the plaintiff/respondent/defendants contended that the registered documents (Power of Attorney, sale-agreement and sale-deed) executed by their predecessor (seller) were forged, fictitious and fabricated---Held, that agreement, power of attorneys and deeds etc, duly registered by Registration Authority in accordance with law became legal documents and carried presumption of truth and required strong evidence to cast suspicion on the authenticity of such documents---Onus was on the person who challenged the authenticity of the registered documents to prove his claim with strong, reliable and confidence inspiring evidence---In the…

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