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1983 DIGILAW 273 (ALL)

Ram Devi v. Ved Ram

1983-04-06

I.B.SINGH

body1983
JUDGMENT I.B. Singh, M. - This is a plaintiff's second appeal against the judgment and decree dated January 20, 1982 passed by learned Additional Commissioner, Agra Division, Agra, allowing Appeal No. 19 of 1980-81/Aligarh, dismissing plaintiff's suit by setting aside judgment and decree dated December 30, 1980/January 24, 1981 passed by Assistant Collector Ist Class Aligarh decreeing plaintiff's suit under Section 229-B of Act I of 1951. 2. The plaintiff filed the suit for declaration to be co-tenant of the disputed land on the basis of registered gift deed dated July 12, 1972 executed in her favour by her mother Nathuriya widow of his father Lekhraj who was brother of Vedram defendant 1 and was brother of Karan Singh whose sons defendants 4 to 6 and grandsons defendants 2 and 3 sons of his son Bodh Ram are defendants and declaration was sought for being co-tenant with them. 3. The defendant contested the suit that no gift deed was registered rather the Sub-Registrar had refused registration that the plaintiff has got no right. 4. I have heard the learned counsel for the parties and have perused the record. 5. It has been argued that the gift deed was registered as verification was made when it was presented and Registrar had signed with the refusal without giving reasons and copy to the donee does not make the gift deed unregistered, therefore, the learned Additional Commissioner acted illegally in not accepting it. 6. It has been argued in reply that unless it is registered and is copied in the book kept in the Sub-Registrar's officer and endorsement is made it is no registration. 7. Section 60 of the Registration Act reads as follows :- "Section 60. Certificate of registration:- (1) After such of the provisions of Sections 34, 35, 58 and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word 'registered', together with the number and page of the book in which the document has been copied. (2) Such certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsements referred to in Section 59 have occurred as therein mentioned." 8. (2) Such certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsements referred to in Section 59 have occurred as therein mentioned." 8. In view of the provision of Section 60 unless the required certificate is given, the document cannot be considered to have been registered and the document, therefore, is not admissible in evidence and the lower appellate court came to the right conclusion. 9. There is defect in the order of refusal dated September 11, 1972 as it is not in accordance with Section 71 of the Registration Act but it is to be looked in appeal provided against such order which was not filed but we cannot consider the gift deed to have been registered unless the required certificate is endorsed, therefore, this appeal has got no force. It is liable to be dismissed. 10. In view of the above this appeal is hereby dismissed with costs and the judgment and decree passed by the lower appellate court is confirmed.