Law:

Section:

(a) Registration Act (XVI of 1968)---Ss. 34 & 35---Registration of document---Non-compliance of provisions of Ss. 34 & 35 of Registration Act, 1908---Effect--¬Procedural defects in registration of a document neither reflect upon its execution nor invalidate the registration but if the defect is of substantial nature, such as presentation of document by unauthorized person the registration of document in absence of its executant or his authorized representative, the denial of the execution of the document by the executant or the language used in the execution of document is not understandable by the parties or description of the property has been incorrectly given in the document, the registration of the document becomes invalid and is not an evidence of genuineness of transaction---In case of denial of execution- of a document by its executant, the registration of such document, in absence of independent proof of its genuineness,, makes the registration invalid for all practical purposes--¬Registration endorsement, prima facie, is a proof of execution off document by executant and compliance of all necessary formalities by Registering Officer therefore, presumption of correctness is attached to the document---Non-compliance of requirement of Ss. 34 and 35 of Registration Act, 1908, is only of procedural in nature, the error. does not affect the registration of document---If defect is of substantial nature which is not curable; the registration becomes invalid. (b) Registration Act (XVI of 1908)--- ----Ss. 34, 35 & 38---Specific Relief Act (I of 1877), Ss.39 & 42--¬Constitution of Pakistan (1973), Art. 185(3)---Registration of document--¬Procedural defect---Non-appearance of executant before- Registration Officer---Two cross suits were filed by both the parties one for cancellation of registered sale-deed and the other for declaration--¬Executant of sale-deed alleged fraud and forgery and sought cancellation of registered sale-deed---Executant was not found suffering from any disability for exemption from personal appearance or his through local commission and neither he applied for exec personal appearance nor he made a request for examination…

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