LAWS(P&H)-1979-5-51

NARAIN DASS Vs. RULDU RAM

Decided On May 04, 1979
NARAIN DASS Appellant
V/S
RULDU RAM Respondents

JUDGEMENT

(1.) The sole question canvassed in this second appeal against the judgment and decree of the learned Additional District Judge, Sangrur, dated October 1, 1973, is whether the registration of sale deed, Exhibit P.7, dated April 3, 1963, in pursuance of the order of Registrar under Section 68 of the Registration Act, 1908 , (hereinafter referred to as the Act) was invalid and ineffective ?

(2.) One Ashraf Ali Khan was the owner of the suit property who mortgaged a part of it for Rs. 2,000/- with Assa Ram, appellant No. 2 and Mutwala Ram, respondent No. 3. Thereafter, Ruldu Ram and Nasib Chand, plaintiff-respondents purchased this property vide sale deed Exhibit P.7, dated April 3, 1963 and instituted the present suit for redemption of the said mortgage.

(3.) The suit was contested only by Assa Ram and Narain Dass appellants on several grounds but the only one which survives for the purpose of this appeal is that the order of the Registrar and the registration of the sale deed in consequence thereof was illegal, void and ineffective. The trial Court rejected this plea and decreed the suit. The judgment of the trial Court was affirmed by the learned Additional District Judge on appeal, which led to the filing of this second appeal by the contesting defendants.