Law: Evidence Act, (1 of 1872)

Section: 45,31,32

Law: Civil Procedure Code (V of 1908)

Section: 96

(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 circum­stance 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. 31­Does not render registration invalid. (b) Civil Procedure Code (V of 1908), S. 96-Powers of appel­late Court - Material point not canvassed or pleaded in trial Court-Cannot be investigated and decided by appellate Court. (c) Evidence Act (I of 1872), S. 45-Expert opinion-Relevant and admissible merely to aid Court in forming its opinion- Court can come to its own conclusion independently of expert's opinion. 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 purported to have been executed by Bibhuti on 16-1-1949. Bibhuti did not acknowledge execution for which the registration was…

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