MOTI RAM Vs. RITTOO

JUDGEMENT

(1.) The petitioners Moti Ram and Brijial have filed this application under Article 227 of the Constitution in which they pray that the order of the Sub-Registrar. Bao)ar, District Kulu dated August 10, 1968 whereby he refused to register the will executed by Mst. Dilbaroo on December 13, 1965 and confirmed on appeal by the Registrat, Kulu District by his order dated January 16, 1967 be set aside and a direction be issued to the SubRtgistrar to admit the said document tor registration. The brief facts as stated in the order of the registrar are that Mst. Dilbaroo was the owner of certain property. She died on December 22, 1965. The petitioners alleged that before her death she had made a will bequeathing the property to them. After the death of Mst. Dilbaroo the petitioners presented the will before the Sub-Registrar, Banjar, District Kulu under Sections 40 and 41 of the Indian Regitration Act, 1908 for registration. Smt. Kittu Devi daughter of Mst. Dilbaroo deceased opposed the registration of the will and filed her written statement on January 29, 1965 but she did not raise any objection on the ground that the will was not written by a licensed deed-writer.

(2.) The petitioners examined 5 witnesses before the Sub-Regstar including Devi Singh (Public Witness -1) who is the scribe of the will and Jaishi Ram and Man Singh who had attested the will. Mohan Singh prohit who had performed the last religious rites of the deceased was also produced as a witness. The Sub registrar however refused to accept the will for registration on the ground that Devi Singh who had written the will was not a licensed document writer. The order of the Sub Registrar was confirmed on appeal by the Registrar. District Kulu and has now been challenged by the petitioners in this Court.

(3.) The Sub-Registrar has declined to accept the will for registration on the basis of Rule 3 framed by the Inspector-General of Registration, Punjab in exercise of the power conferred on him by clause (bb) of Sub-section (1) of Section 69 of the Indian Registration Act, 1908. The said rule reads as under :-