Case Details

Citation(s)
1980 SLG 3063 = 1980 SLD 3063 = 1980 PLD 557
Lahore High Court
Regular Second Appeal No. 54 of 1973, decided on 12th April, 1980.
Presented By: Aftab Hussain, J
Ch. Mushtaq Ahmad Khan for Appellant. Mazharal Haq Sheikh for
Respondent.

Kb. SAEED AHMAD--Appellant

VERSUS

Sh. ABDUR RASHID-Respondent

Law: Registration Act (ZVI of 1"8)

Section: 73, 76, 77

Law: Registration Rules, 1929

Section: 126, 127

(a) Registration Act (ZVI of 1"8) Ss. 73, 76 & 77 Refusal by Registrar to register documentCan be challenged by a suit. (b) Registration Rules Rr. 126 & 127SaledeedNot required to be attestedNeither SubRegistrar nor Registrar having any doubt about identity of appellant nor they wanting any witnesses to establish appellant's identity, contention that Registrar holding document to be incomplete to be deemed to have been dissatisfied with identification of appellant, held, misconceived. (c) Registration Rules Rr. 126 & 127Registrar holding saledeed to be not complete for want of attestation and thus finding deed not registrableSale deed complete if signed by executant and being not required to be attested by witnesses, basis of Registrar's order, held, not maintainable. Veerappa Chettlar v. Subramania Ayyar (1929 52) Mad. 123 ; Sarada Irasad Sef v. Triguna Charan Ray (1922) 1 Pat. 300,; Alapad Venkatramayya and others v. Alapatt Nagamma 136 I C 343 and Kanchhedilal v. Jabbarsha and another 1661 C 686 ref. (d) Registration Ad (XVI of 1908).. S.74Registration of documentsRegistration could be refused by Registrar if execution of document denied by executantAll facts relating to agreement, i. e. payment of money by cheque by respondent to appellant for purchase of stamp papers, purchase of stamp papers, execution of saledeed and award of No Objection Certificate admitted by appellant (executant)SubRegistrar's order holding deed not registrable as being not completeHeld : Not maintainable in law Registrar required only to make inquiry either about execution of document or whether requirements of law for time being in force complied with on part of applicant or person presenting document for registration. Dates of hearing : 8th and 12th April 1980. This is a second appeal against the decree passed by the learned trial Court under section 77 of the Registration Act in favour of the respondent on 21101970 and maintained by Qazi Muhammad Latif, Additional District Judge, Gujranwala camp at Sialkot on 25101972. 2. Onethird of House No. 1/247228229SLK, Nehal Chand Street, Sialkot City, was transferred by the Settlement Department to the…
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