SALAM RATHER Vs. MOHD GANI

JUDGEMENT

(1.) THIS is a revision petition directed against the order of the Munsiff Pulwama dated 31 -10 -62 whereby he has held the so -called agreement of 29 -ll -61 executed by one Mst Khatuni in favor of the plaintiffs as inadmissible in evidence for want of registration.

(2.) THE plaintiff -petitioners brought a suit for a permanent injunction against the defendant -respondents with respect to 2 kanals of land comprising different survey numbers in village Shandharu Tehsil Pulwama. In Para 2 of the plaint they have mentioned that the mother of defendant No. 1 transferred her rights in the Shamilat and Abadi Deh pertaining to 1 kanal and 3 marlas for a consideration of Rs.1500 to the plaintiffs. A further averment in this paragraph was made by the plaintiffs that prior to the execution of this document, the plaintiffs had been in possession of this land for some time. This 1 kanal and 3 marlas is the subject matter of the document in question dated 29 -11 -61.

(3.) THE trial court has held that the document in question is a sale deed and by means of this document Mst. Khatuni has transferred her rights in Abadi Deh and Shamilat land. All that could be transferred pertaining to Shamilat land was the possessory rights, at title vested in the State. Therefore, according to the trial court, the sale deed whereby possession had to be transferred not being registered; the document was inadmissible in evidence. The court has further rejected the contention of the plaintiffs that the document could be used for collateral purposes, because according to the Munsiff; the proviso to S. 49 of the Registration Act was not incorporated in the State.