- (1.) Order dated October 08, 2013, passed under Section 72 of the Registration Act, 1908, by the District Registrar, Birbhum, reversing the decision of the District Sub-Registrar dated February 05, 2007, refusing to register the gift deed is called into question in this writ petition. One Juthika Chowdhury, since deceased, executed a deed of gift in favour of Shibani Chowdhury (Mondal). The said deed of gift was presented for registration before the District Sub-Registrar, Birbhum on October 4, 2006. As it appears from the endorsement on record, the said Sub-Registrar refused to register the deed of gift as the executant was senseless when he visited her residence on commission for the purpose of registration and no steps were taken thereafter for registration of the said instrument. Such refusal was purportedly made under Section 35(3)(b) of the Registration Act, 1908.
(2.) In appeal, being R.A. Case No. 01/72/2007, the District Registrar, Birbhum by order dated October 8, 2013, reversed the decision as per the version of the claimant, the deed writer as well as the attesting witnesses who unequivocally stated that Juthika Chowdhury had instructed the drafting of the deed and executed the said instrument by putting her L.T.I. thereon. It was further deposed that Juthika Chowdhury had put her L.T.I. as her hands were paralysed.
(3.) Learned advocate for the petitioner submits that the District Registrar erred in law as the witnesses who deposed with regard to execution of the instrument were interested parties and other heirs and successors of Juthika Chowdhury were not examined. The SubRegistrar found that the executant was in a senseless condition which ultimately led to her death on the very next day and had rightly refused to register the instrument under Section 35(3)(b) of the Registration Act, 1908. Learned advocate for the State submits that the order passed by the District Registrar is a well-reasoned one and does not call for any interference.;