Law: Registration Act (XVI of 1908)

Section: 31,32

Law: Civil Procedure Code (V of 1908)

Section: 96

Law: Evidence Act (I of 1872)

Section: 45

 (a) Registration Act (XVI of 1908), Ss. 31 & 32-Expressions "at the proper registration office" and "by person executing or claiming under the same" in S. 32-Exclude exceptional circum stance referred in S. 31-Document registered on commission under S. 31-Mere fact that person other than one "executing or claiming" under document applied for commission under S. 31 Does not render registration invalid.   Civil Procedure Code (V of 1908), S. 96-Powers of appel late Court - Material point not canvassed or pleaded in trial Court-Cannot be investigated and decided by appellate Court.   Evidence Act (I of 1872), S. 45-Expert opinion-Relevant and admissible merely to aid Court in forming its opinionCourt can come to its own conclusion independently of expert's opinion.   Dates of hearing: 27th and 28th July 1965.  JUDGMENT   ABDULLA, J.-This second appeal is by the plaintiff against a judgment of reversal. Plaintiff had brought a suit for a declaration of his title and confirmation of his possession on the finding that the defendants' Kabala and Patta dated 16-1-1949, did not affect his title or possession. Plaintiff's case was that the suit land was inherited by one Bibhuti. In the absence of Bibhuti defendant Nos. 1 and 2 induced Bibhuti's mother Hemaprava by criminal intimidation to execute two Kabalas dated 10-7-48 and 20-5-48, respectively in favour of defendant No. 1 and defendant Nos. 1 and 2 jointly. Plaintiff alleged that Hemaprava had no right to make these transfers and as such these transfers were mere paper transactions. On 17-2-49 Bibhuti, the rightful owner, executed a kabala in favour of the plaintiff with regard to the suit land and the kabala was registered on 14-3-49 and Bibhuti gave possession to the plaintiff in respect of the suit-land and the plaintiff was in possession since then. Defendant Nos. 1 to 5, "who formed a party, being thus frustrated, created a kabala purported to have been executed by Bibhuti in favour of defendants Nos. 1 and 2 and also a patta with regard to some of the suit-land in favour of defendant Nos. 2 to 5. Both the documents were…