Ram Ghulam and Another vs Musammat Menda

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 that Harjas did not execute the sale-deed of his own free-will and he allowed the appeal and dismissed the suit. There was no dear 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 that Harjas did execute the sale deed. No objection has been taken to this finding. It seems to us that all that the Civil Court has to consider is the genuineness and not the validity of the deed. See Kanhaya Lal v. Sardar Singh 29 A. 284 : 4 A.L.J. 171:1907 A.W.N 46. In this view of the case, we allow the appeal and, setting aside the degree of the lower Appellate Court, restore that of the Court of first instance with costs including in this Court-fees on the higher scale.