KA PLINIS MYRTHONG Vs. RIANG PYRBOT

JUDGEMENT

(1.) THIS is an appeal from the decision of the Subordinate Judge, Lower Assam Districts at Gauhati on appeal against the decision of the Sadar Munsiff, Shillong.

(2.) BRIEFLY the facts are that the Plaintiff Respondent brought a suit in the court of the Munsiff, Shillong Under Section 77 of the Indian Registration Act (hereinafter called 'the Act') for a direction that the document be registered. One Ka Klitibon Myrthong of Laban, Shillong was the absolute owner of a certain Immovable property described in the plaint. On the 24th October 1956, she is alleged to have executed a sale deed in favour of the Plaintiff, the sale consideration of the property described in the plaint being Rs. 19,000/ -. Ka Klitibon Myrthong could not present the sale deed for registration personally within the prescribed period', of four months. She died on the 27th February, 1957. On the 6th May 1957 the deed was presented by the Plaintiff for registration before the Sub -Registrar, Shillong. The document was accepted on payment of requisite fee and penalty. The Sub -Registrar then issued notice to the various parties. Two out of the three heirs of Ka Klitibon Myrthong, namely Ka Emo and Ka Nasilda Mar -In a rig Defendants 2 and 3 admitted the due execution of the document by the deceased. But Ka Minis Myrthong Defendant No. 1 denied the execution of the document. The case was then referred by the Sub registrar to the District Registrar, who by his order dated 27th December, 1957 refused to register the sale deed. On refusal of the District Registrar to register the sale deed, the plaintiff "brought the present suit for the relief's already referred to in this judgment.

(3.) BOTH the courts below decreed the suit. The finding of the lower appellate court is that the document was duly executed by the deceased. As to the right of the deceased to execute the deed and the question of fraud, the court below observed that the title of the executrix to the property could not be inquired into in a suit Under Section 77 of the Act.