MAJID HOSAIN Vs. MUSSAMAT FAZL-UN--NISSA

JUDGEMENT

(1.) THEIR Lordships are of opinion that this objection ought not to prevail.

(2.) KUTB -un-nissa made a grant to her adopted daughter of the village of Nizampur, which required to be executed three months before her death, and to be registered within a month after the date of its execution. The objection taken to the instrument was that it was not presented at the office of the registrar, but that the registrar was sent for to Kutb-un-nissa's residence, where the deed was executed and registered. She appears to have been a purdanasheen; and the mode in which registration was effected was in this manner: She sent for the pargana registrar, whose name is given as Kali Charan, and he attended at her house. Her house appears to be near the office of the pargana registrar, and" actually within the very village which was the subject of the grant. Kali Charan having attended her, and having the deed acknowledged in his presence, word for word, by the granting party, and having examined it, it was handed to him for registration.

(3.) THEIR Lordships presume part of his duty was either to make a copy himself, or to examine the copy made. Having thus got the original deed into his hands, and marked it, and having had that deed duly acknowledged so, as to give the best testimony of its execution by the grantor, and having examined the copy which was either prepared by himself or prepared for him, and examined it word for word with the deed, his next step is to take those instruments to his office; to enter the registration in the book; and to file the copy in the proper pargana office of the district.