Law: Registration Act (XVI of 1908)

Section: 77 & 74

  Registration Act (XVI of 1908), Ss. 77 & 74-Scope of suit under S. 77-Limited; of same nature as enquiry before District Registrar under S. 74.   Manindra Nath Sanfui alias Manilal Sanfui v. Lalit Mohan Sadhukhan and others 55 C W N 166 ref.   Registration Act (XVI of 1908), S. 77-Document admitted to have been signed by executants-Allegations by defendant about alterations having been made in documents-Onus of proof lies on defendants.   Evidence Act (1 of 1872), S. 114-Document alleged to be in possession of plaintiff-Plaintiff not in need of producing of document-Defendant not taking any steps for discovery of docu ment by following procedure laid down in Civil Procedure Code (V of 1908)-No adverse inference can be drawn against plaintiff for non production of document.   Murugesam Pillai v. Manickavasaka Pandara and others 44 I A 98; Haji Yar Ali Khan Chowdhury v. Mobarak Ali Chowdhury and others and Mobarak Ali Chowdhury and another v. Haji Yar Ali Khan Chowdhury and others P L R 4 Dac. 497 = 1955 7 D L R 6 and Kunwar Mohabir Singh v. Kunwar Rohini Ramanandhwaj Prasad Singh 37 C W N 657 (P C) ref.   Registration Act (XIV of 1908), Ss. 23 & 23-Construc tion.   The operation of section 23 of the Registration Act, 1908 is dependent upon section 25 of the Act and as soon as effect is given to provisions of section 25 it will control section 23. On a fair construction of sections 23 and 25 of the Act the period of four months as provided in section 23 is to be added to the period of delay condoned in terms of section 25.   Murlidhar Shrinivas v. Motilal Ramcoomar 13 D L R 765 ref.   Bengal Tenancy Ordinance (I of 1938)-Applicable in cases of occupancy tenancy only.   Registration Act (XVI of 1908), S. 74-Registrar not competent to make roving inquiry as regards validity or otherwise of document on score of want of consideration or on other grounds Registrar, however, to be satisfied as to genuineness of document in so far as it might be suggested that there had been material or sub stantial change in identity of same.   Rajendra Singh v. Ramaganit Singh A I R 1954 Pat. 556; Bolla Guruvayya and…