GH NABI MEER Vs. KHAZIR MEER

JUDGEMENT

(1.) THIS is an application for revision of an order dated March 25, 1974, of the learned District Judge, Srinagar, whereby he held the document dated April 3, 1955 (A.D.) Chet. 21, 2011 (Samvat) attached to criminal complaint No. 103 of 1967, (instituted in the court of the First Additional Munsiff, Magistrate, 1st Class, Srinagar, on August 23, 1967, and disposed of by him on March 26, 1970) as being hit by Section 17(l)(b) of the Registration Act, hereinafter referred to as "the Act", and inadmissible in evidence as provided in Section 49 of the Act.

(2.) IT appears that during the examination of Mufti Jalal -ud -Din P.W. the aforesaid document was sought to be put to the witness and admitted in evidence but on an objectionâ„¢ being raised on behalf of the defendants to the effect that as the document was neither registered as required by Section 17(l)(b) of the Act nor stamped as required by Article 45 of Schedule I of the Stamp Act, it was inadmissible In evidence, the learned District Judge upheld the objection and refused to allow the document to be put to the witness and passed the order referred to above.

(3.) MR . M.L. Qureshi appearing in support of the application has contended that the aforesaid document was merely a family settlement and did not require registration.