Ram Ghulam v. Mt. Menda

Ryves, J.:— This appeal arises out of a suit brought for the compulsory registration of a sale deed which was said to be executed by one Harjas on the 2nd of January, 1916, The first Court decreed the suit. On appeal, however, the learned District Judge held the Harjas did not execute the sale-deed of his own free will and he allowed the appeal and dismissed the suit. There was no clear finding in his judgment as to whether as a matter of fact, Harjas had or had not executed the sale deed. We referred this issue to the Court below and the finding has been returned to the effect the Harjas did execute the sale-deed. No objection has been taken to this finding.

2. It seems to us the all the Civil Court has to consider is the genuineness and not the validity of the deed. See Kanhaya Lal v. Sardar Singh (1). In this view of the case we allow the appeal and setting aside the decree of the lower appellate Court restore the of the Court of first instance with cost.

3. Appeal decreed.