...contention is that in the case of a bakalam signature, as it is called, such as we have here, executant means the agent whose actual pen signs the name of the party and does not mean the party for and on...that the registration is a nullity and the document cannot be admitted in evidence. The basis of that contention is that if one looks to the Registration Act one finds the word "executant." The...behalf of whom the name is put. It is said that although, as has happened in the present case, an admission was made by an agent of the party himself the whole process was ultra vires because the executant...

...executant but means and includes all the series of acts which would give validity of the document concerned. In the case of a mortgage bond the attestation of the signature of the executant by...Harinath v. Nepal Chandra (3) [(1936) 41 C.W.N 306] the word “execution” in the proviso to sec. 68 of the Evidence Act not only means signing by the...witnesses as required by sec. 59 of the Transfer of Property Act is essential. The admission, therefore, of the mere signature by the executant is not tantamount to admission of...

...that order. 2. The instrument in question was drawn up in a stamp paper of the value of 75 paise and it was signed only by the executant. The document is nomenclatured as hmsino..."'lease' means a lease of immovable property, And includes also (i) marayapattom, - (ii) kanapaitom; (iii) an agreement or other undertaking in writing not being a...

...2 and the executant No. 3 by means of a hand-note dated 11th March 1930 and verbally and in cash and in kind, namely by ornaments etc. It then goes on to refer to the affairs of the All India Mutual...such enquiries as he thinks fit regarding the matters above mentioned concerning the debt claimed as due, principal and interest, to executant No. 1 and 2 against executant No. 3. In my opinion the...

...presence and by the direction of the executant, which means that it must be attested by two persons other than the person who signed the instrument in the presence and by the direction of the executant...conclude that he validly attested the document. The other has been examined as P.W. 7 and although he himself has stated in evidence that he did not see the executant sign, the learned District Judge has...he signed in the presence of the executant. But the other objection appears to me fatal. The executant of the gift-deed was herself unable to sign her name and it is clear from the evidence and from...

...what the defendant obviously means by referring to 'the other executant' is the person who was going to join in the execution of the promissory-note, but did not do so. In view of the stand taken by the... "as he agreed to be liable jointly along with other executant from whom the plaintiff failed to obtain her signature" . There was no other executant except the defendant and...

...transferring or alienating and/or encumbering the suit property, was refused.2. Learned counsel for the petitioner contends that it is evident from the deeds in question that the executant of...the deeds was illiterate. Pointing out to a statement in one of the deeds as to the contents thereof having been read over and explained to the executant, it is submitted that such statement ipso...facto shows that the executant was illiterate. It is further submitted that certain other documents, being deeds executed allegedly by the same executant, were signed by the executant in Bengali...

...the first two courts. Achhaiber Singh had laid down in the will: “That on the death of me, the executant, the aforesaid executors, should perform the Saradh ceremonies of me, the executant according to...the means and custom in the family”. The High Court had accepted the contention that there was no evidence that Shyam Narain Singh had performed Saradh ceremonies of Achhaiber Singh in accordance...with “the means and the custom in the family”.6. The only contention which could be advanced before us on behalf of the appellant plaintiffs as that cremation ceremonies do...

...of a document which is not valid without attestation, execution not only means signing by the executant but it means and includes attestation as well which is the last of the series of acts necessary...admitted their signatures on the bond, they denied having seen the executant signing the deed or obtaining any acknowledgment from him. The Courts below were of the opinion that these witnesses were...necessary to call an attesting witness under sec. 68 not merely to prove the signature of the executant but to prove attestation as well and if such witness turns hostile or refuses to prove execution or...

...vehemently argued by learned counsel for the plaintiff that both the learned courts below have failed to draw a distinction between a executant of a deed and non-executant of a deed. He would further argue...that it is more than settled that where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed, but if a non-executant seeks annulment of a deed, he has to seek a...property only in cases where -i. he is found to be in possession of the suit property;ii. he has not claimed consequential relief;iii. he is not the executant...

....12. The attestation of the will in the manner stated above is not an empty formality. It means signing a document for the purpose of testifying of the signatures of the executant. The attest...a will has to be attested at least by two witnesses. At least one attesting witness has to be examined to prove execution and attestation of the will. Further, it is to be proved that the executant...had signed and/or given his thumb impression in the presence of at least two attesting witnesses and the attesting witnesses had put their signatures in the presence of the executant. (See...

...name is forged from denying the genuineness of the document. The attestation clause is no part of the document as executed by the executant, but merely one means of proof of the document, and, as such...the object in making this addition was to facilitate the proof of the execution of the instrument as well against the executant as against his son, the defgnd-ant. It was the more important to obtain....), 285. The executant of the instrument could not be affected by the addition prejudicially or otherwise. It cannot be said that the identity or effect of the instrument is altered, for it remains as it...

...the document. The attestation clause is no part of the document as executed by the executant, but merely one means of proof of the document, and, as such, is not a material part of the document as...that the object in making this addition was to facilitate the proof of the execution of the instrument as well against the executant as against his son the defendant. It was the more important to obtain...., 24 Q.B., 285. The executant of the instrument could not be affected by the addition prejudicially or otherwise. It cannot be said that the identity or effect of the instrument is altered, for...

...deed was actually registered. Evidently the learned Judge means that application may have been presented after the executant had appeared and acknowledged the execution of the document. The finding...

...the document. The term execution is not defined …The ordinary meaning of executing a document is signing it as a consenting party thereto … Execution of the document means that the executant must have...upon the consent of the executant, but on the Registrar finding that the executant had actually signed the document concerned, but now was requesting that it may not be registered for reasons other...definitions in both these dictionaries seem to once again suggest that the signing of a document can be equivalent to its execution. However, these definitions are by no means definitive and cannot be taken out...

.... It provides that such document shall not be used as evidence .until at feast one attesting witness has been called to prove the execution. To execute a document means the completion of legal...instrument, fulfilment of all conditions necessary to validity. 'Execution' is a formal completion of a deed. The word 'execution' as used in the proviso to Section 68 of the Act means and" includes not only...the signature of the executant out the whole series of acts or formalities which are necessary to give the document validity. (See AIR 1941 Oudh 89...

...tenure means was acquired for the first time by this kabuliyat?]The interest of the executant might have existed from before in the several parts of the three distinct tenures, but the...kabuliyat, it ought to be held that there is no clause in it providing for variation of rent.Babu Mahendra Nath Roy (with him Babu Birbhusan Dutt). The kabuliyat properly construed means that...irrespective of the original terms of the tenancy.]The kabuliyat of 1831 is the creation of a new tenancy. It appears from the kabuliyat that the executant purchased or otherwise acquired...

...:“ ‘Attested’ in relation to an instrument, means and shall be deemed to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his...a mortgage document can be treated as those of attesting witnesses as if (1) the signatories are those who have seen the execution or received a personal acknowledgment from the executant of his...having executed the document, (2) they sign their names in the presence of the executant and (3) while so doing they had the aninus to attest. The mere presence of the signatures of the registering...

...Apex Court has specifically held that where the executant of a sale deed seeks annulment thereof, such executant has to actually seek cancellation of the sale-deed, and in such a situation, Court-fees...ad valorem would be required to be paid, calculated on the amount of sale consideration shown to have been paid, in the sale deed. On the other hand, if a non- executant of a sale-deed seeks..., needs to be paid, hence, the sale deed having been shown to be executed by the respondent/plaintiff himself despite of the allegation that the said sale deed was got executed by means of fraud played...

...pleaded by the plaintiff in the suit it is seen that he has executed a sale deed on 19.12.2001. That means being the executant of the sale deed he cannot say that he did not have the knowledge about the...