Law: Civil Procedure Code (V of 1908)

Section: S. 100

Law: Evidence Act (I of 1871)

Section: S. 65

Law: Registration Act, 1908

Section: S. 35 (1) (c)

(a) Civil Procedure Code (V of 1908)------   ------ S. 100-Concurrent /findings of fact arrived at by trial Court and lower Appellate Court-Genuineness of deed of gift as well as fact of possession of land by donee-Findings not interfered with in second appeal.   (b) Muhammadan Law------   ------Gift-Ingredients of gift-Offer and acceptance ; delivery of possession-Want of proof of ingredients- Objection raised ,late in second appeal-Not entertained.   (c) Evidence Act (I of 1871)-----   ---- S. 65-Secondary evidence Proof of original deed of gift by production of certified copy- Objection as to mode of proof raised late in second appeal-Not entertained.   (d) Registration Act (XVI of 1908)----   ----- S. 35 (1) (c)-"Assign" Does not include person claiming under document sought to he registered : [Maniruddin Mallick v. Sheikh Abbas and other P L D 1960 Dacca 217 overruled.]   The word "assign" in section 35 (1) (c) of the Registration Act, 1908 does not and should not include a person claiming under the document sought to be registered.   Since a person claiming under a document and an assign have both been separately referred to, the legislature had in mind two different categories of persons, namely, a person claiming under a document and a person who is an assign de hors the document sought to be registered. If this be so, then the legislature was of the view that a person claiming under a document does not become an assign until the document is registered and his assignment perfected. If the two categories of persons were intended to be one and the same, then there would have been no justification for making such a distinction in section 32 of the Act and making an express provision enabling a person merely claiming under a document to present the document for registration. This interpretation also is in consonance with the policy of the Registration. Act, namely, "to make it difficult for persons to commit frauds by means of registration under the Act."   The word "assign" in the Registration Act has been used in the strict legal sense, namely, in the sense of a…