Skip to content


Ram Ghulam and anr. Vs. Musammat Menda - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1921All52(1); 60Ind.Cas.869
AppellantRam Ghulam and anr.
RespondentMusammat Menda
Cases ReferredSee Kanhaya Lal v. Sardar Singh
Excerpt:
registration act (xvi of 1908), section 77 - suit for compulsory registration--court, duty of. - interpretation of statutes definition clause: [markandey katju & h.l. dattu, jj] meaning given to an expression in one statute cannot be applied to another statute.1. this appeal arises out of a suit brought for the compulsory registration-of a sale-deed which was said to be executed by one harjas on the 2nd of january 1916. the first court decreed the suit. on appeal however, the learned district judge held that harjas did not execute the sale-deed of his own free-will and he allowed the appeal and dismissed the suit. there was no dear finding in his judgment as to whether, as a matter of fact, harjas had or had not executed the sale deed. we referred this issue to the court below and the finding has been returned to the effect that harjas did execute the sale deed. no objection has been taken to this finding. it seems to us that all that the civil court has to consider is the genuineness and not the validity of the deed. see kanhaya lal v. sardar.....
Judgment:

1. This appeal arises out of a suit brought for the compulsory registration-of a sale-deed which was said to be executed by one Harjas on the 2nd of January 1916. The first Court decreed the suit. On appeal however, the learned District Judge held that Harjas did not execute the sale-deed of his own free-will and he allowed the appeal and dismissed the suit. There was no dear finding in his judgment as to whether, as a matter of fact, Harjas had or had not executed the sale deed. We referred this issue to the Court below and the finding has been returned to the effect that Harjas did execute the sale deed. No objection has been taken to this finding. It seems to us that all that the Civil Court has to consider is the genuineness and not the validity of the deed. See Kanhaya Lal v. Sardar Singh 29 A. 284 : 4 A.L.J. 171 A.W.N (1907) : 46. In this view of the case, we allow the appeal and, setting aside the degree of the lower Appellate Court, restore that of the Court of first instance with costs including in this Court-fees on the higher scale.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //