DUKARIBALA DASI Vs. GADADHAR PAUL

JUDGEMENT

(1.) In this appeal two questions arise for our consideration, (1) whether or not a donee under an instrument of gift which is sought to be registered can admit execution under Section 35(1)(c) of the Registration Act, the person executing the document being dead and whether registration effected on such admission is altogether void? and (2) whether or not the action of the Registrar in registering the document in question on the admission of such a person is a mere irregularity in procedure without affecting jurisdiction of the Registrar to effect such registration?

(2.) Shortly stated the facts are as follows: The appellant is the donee from her grand mother Badhika Sundari under an instrument of gift in respect of a plot of land which measures about one bigha. The respondents are in possession of the said land and the appellant filed a suit for the recovery of the said possession. One of the grounds taken by the respondents in the said suit was that the registration of the said deed of gift was invalid such registration having been effected on the admission of the plaintiff? It should be noted that on the date of such registration the executant of the said document was dead.

(3.) The Munsif found in favour of the plaintiff, but on appeal his decision was reversed. The plaintiff has filed the present appeal before us.