| Case ID |
040977d4-3d2f-4020-be05-cdca798602e2 |
| Body |
View case body. Login to View |
| Case Number |
Regular Second Appeal No. 54 of 1973 |
| Decision Date |
Apr 12, 1980 |
| Hearing Date |
Apr 08, 1980 |
| Decision |
The appeal was dismissed, affirming the decision of the trial court which directed the registration of the sale deed. The court found that the refusal of the Registrar to register the sale deed was not maintainable as the deed was complete upon the executant's signature and did not require witness signatures for validity. The court emphasized that the Registrar's role was limited to ensuring compliance with procedural requirements, and the appellant's claims of default were unfounded. |
| Summary |
In the case of Regular Second Appeal No. 54 of 1973, the Lahore High Court addressed the issue of registration of a sale deed under the Registration Act. The appellant, Kb. Saeed Ahmad, contested the refusal of the Registrar to register the sale deed on the grounds of alleged incompleteness. The court clarified that a sale deed executed by the seller does not require attestation by witnesses to be considered valid. The court ruled that the Registrar must only verify the execution and compliance with legal requirements. The decision reinforced the principle that the identification of parties was adequately established and that the appellant's arguments regarding the lack of registration were without merit. This case highlights important aspects of property law and registration procedures, emphasizing the need for clarity in execution and registration of documents. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AFTAB HUSSAIN, J
|
| Lawyers |
Ch. Mushtaq Ahmad Khan,
Mazharal Haq Sheikh
|
| Petitioners |
Kb. SAEED AHMAD
|
| Respondents |
Sh. ABDUR RASHID
|
| Citations |
1980 SLD 652,
1980 PLD 557
|
| Other Citations |
Veerappa Chettlar v. Subramania Ayyar (1929) 52 Mad. 123,
Sarada Irasad Sef v. Triguna Charan Ray (1922) 1 Pat. 300,
Alapad Venkatramayya and others v. Alapatt Nagamma 136 I C 343,
Kanchhedilal v. Jabbarsha and another 1661 C 686
|
| Laws Involved |
Registration Act (ZVI of 1908)
|
| Sections |
73,
76,
77
|