SRIMATI SUJAN BIBI Vs. SRIMATI ASAFA KHATUN

JUDGEMENT

(1.) This appeal arises out of a suit brought by the daughter of one Anwar Ali to recover certain property as one of the heirs of her deceased father, and to set aside certain conveyances This appeal relates only to one of these conveyances which is said to have been executed in favour of Anwar Ali's wife, the first defendant.

(2.) The suit was decreed by the Munsif. The defendant No. 1, appealed to the Subordinate Judge of Chittagong and her appeal was dismissed by that Officer, on the ground that the document in her favour not having been duly registered, her defence to the plaintiff's suit, therefore, failed.

(3.) The widow appeals to this Court, and it is argued on her behalf that the learned Subordinate Judge was wrong in refusing to go into the merits of the case and in disposing of it on the finding that the appellant's conveyance was not duly registered. This document is said to have been executed by Anwar Ali on the day of his death and was presented for registration about three months later by the present appellant, who was only one of Anwar Ali's heirs. The Subordinate Judge considers that as all the heirs of Anwar Ali did not join in the application for registration, the registration was invalid and that, therefore, the document was not duly registered and cannot be treated as effecting a valid sale.