Judgement

Appeal (No. 5 of 1921) from a judgment and decree of the High Court (March 7, 1918) reversing a decree of the Additional Subordinate Judge of Moradabad.

The question in the appeal was whether a deed of mortgage dated November 20, 1911, which the respondent sued to enforce was properly registered under the Indian Registration Act (XVI. of 1908). The material facts appear fully from the judgment of the Judicial Committee.

The trial judge held that the mortgage had not been duly registered, and he accordingly dismissed the suit.

Upon appeal to the High Court the decision was reversed, and a decree made remanding the suit for the trial of other issues. The learned judges (Piggott and Walsh JJ.) held that, in the absence of evidence to the contrary, the indorsement of the sub-registrar proved that the power of attorney was duly authenticated by him. They were of opinion that the Court was entitled to assume that the sub-registrar had acted in the proper exercise of his powers under the proviso to s. 33 of the Act. They held further that the presentation of the document in July, 1912, could be regarded as sufficient* without unduly straining the law; if there was a defect they