DAULAT RAM Vs. JAI DAI

JUDGEMENT

(1.) WHAT has been called in question in this petitioners under Article 227 of the constitution of India is the appellant order of the Registrar Kulu, directing that the will of the deceased Beli Ram he registered and setting aside the order of the Sub-Registrar declining got register it.

(2.) THE testator Beli Ram died on 30th April, 1962, and thereafter his sister Jai Dai applied for registration of the will said to have been executed by him on 19th of april, 1962. in her favour. This application was opposed by Daulat Ram the surviving son of the testator and it was asserted by him before the Sub-Registrar that the will was not genuine and the deceased was not of sound disposing mind before his death. Some defects in execution were also pointed out. The Sub-Registrar after recording the evidence declined to register the will and the registrar in the appeal by Jai Dai set aside the order of the Sub Registrar and directed him to registrar the document. The petitioners Daulat Ram feeling aggrieved has moved this Court in it extraordinary jurisdiction under Article 227 of the Constitution of India. It has been very strenuously contended by Mr. Shambhu Lal Puri the learned counsel for the petitioners that the appeal was not entertainable by the Registrar and on this ground this order should be vacated. Under Section 71 of the Indian Registration act (hereinafter called the Act), Sub-Registrar refusing to register a document.

(3.) SECTION 74 empowers the Registrar on the finding that the document has been executed and the requirement have been complied with to order the registration of the document. The Registrar in case he refuses to register a document has to give reasons for it under section 76. A suit is entertainable under section 77 of the act in a civil Court where the Registrar refuses to register a document either under section 72 or section 76 Mr. Puri has contended that whereas the refusal to register would have entitled Jai Dai to being a suit in a civil Court Daulat Ram is left without a remedy by the order of the Registrar. This argument of the learned counsel envisages that the registration of a document is for all practical and authorities to adopt under section 41 of the Act have to be registered in the same manner as other documents and shall be registered "if the registering officer is satisfied-