Law:

Section:

Registration Act (XVI of 1908), S. 35 (1) (c) Word "assign" includes person claiming under document to be registered Hiba¬bil iwaz Donee can present document for registration. In construing section 35 of the Registration Act, 1908, the word "assign" occurring in clause (c) of subsection (1) should be given its ordinary signification. The word "assign" may mean even a donee, for, if it is used as a verb, it means "to transfer or formally make over to another" or "to allot (a place) to a person.; to appoint or set it apart for a purpose" and, if used as a noun, it means "one to whom a property or right is legally transferred". Hence a person who takes under a deed of gift viz., Hiba bil iwaz is an assign within the meaning of section 35 of the Act and can present such a document for registration after the death of the donor as the section does not prohibit it, but on the other hand, expressly provides for such a case. Akshaya Chandra Majhi v. Manmatha Nath Chatterjee 20 C W N 1345 rel. Abdul Aziz Khan v. Mst. Kaniz Fatima and another A I R 1933 All. 302 ; Dukaribala Dasi v. Gadadhar Paul and others 60 C W N 216 and Purnananda Narayan and others v. Maleka Bibi and others 51 C W N 675 not fol. THIS JUDGMENT DELIVERED BY: AMIN AHMED, C. J. This Letters Patent Appeal is on behalf of defendant No. 1. It is from a decision in 'Second Appeal No. 689 of 1953, affirming the decisions of two Courts below. 2. This appeal arises out of a suit for declaration of plaintiffs' khai khalashi right in the suit plots Nos. 383 and 410 appertaining to a raiyati holding and for recovery of possession and also for mesne profits. The plaintiffs' case inter alia is that the suit land and some other lands originally, belonged to one Baburali who made a gift of the entire jote on the 1st of Bhadra, 1341 B. S., in favour of his second wife Chhoto Bibi. Chhoto Bibi then made a gift back in favour of her husband by a hiba bil iwaj on the 28th of January, 1944, corresponding to 14th of Magh, 1350, B. S., but, before the document of hiba bil iwaj could be registered, she died leaving as her heirs her husband, her brother and a daughter of the name of Sabura Bibi by her former husband. So after…

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