GHULAM MOHD Vs. REGISTRAR OF REGISTRATION

JUDGEMENT

(1.) Sethi J. has raised doubts about the correctness of the judgment in Haji Habib Ullah v. Registrar, 1976 0 JKLR 430. In the said authority S.35 of the Registration Act does not seem to have been considered which, according to the learned Judge making the reference, would require re-consideration of the said authority.

(2.) Mian Jalal-ud-Din J. as his Lordship then was, has held that payment of outstanding consideration is not a condition for admitting a document to registration, if the execution of the document is proved.

(3.) To understand the ambit and scope of the points raised in the reference, which fall for our consideration, it is necessary to give a brief resume' of the facts of the case out of which the reference has arisen.