The execution of a document must be proved as required by Section 67 of the Evidence Act, even if the document is registered. The endorsements made by the registering officer under Section 60 of the Indian Registration Act are not sufficient to prove execution.

Headnote:
Evidence Act, Section 67 - The execution of a document must be proved by showing that the signature or handwriting is that of the person alleged to have executed it. Indian Registration Act, Section 60 - The certificate of registration is admissible as evidence of registration, but not as proof of execution. The endorsements made by the registering officer do not substitute for the required proof of execution.
Fact of the Case:
The plaintiffs claimed possession of a property as mutawallis appointed by a wake deed. The defendants, who were transferees, challenged the execution of the wake deed and claimed joint ownership of the property. The trial court found that the wake deed was executed by the deceased Sheikh Mehatab and awarded possession to the plaintiffs. The defendants appealed the decision.
Finding of the Court:
The court examined the evidence presented, including the testimony of witnesses and the comparison of signatures. It found that there was no sufficient evidence to prove the execution of the wake deed by Sheikh Mehatab. The court also held that the endorsements made by the registering officer under Section 60 of the Indian Registration Act were not enough to prove the execution of the document. As a result, the court set aside the judgment of the trial court and dismissed the plaintiffs' suit.
Ratio Decidendi: The execution of a document must be proved as required by Section 67 of the Evidence Act, even if the document is registered. The endorsements made by the registering officer under Section 60 of the Indian Registration Act are not sufficient to prove execution. In the absence of proper evidence, the court cannot uphold the execution of the wake deed.
Result: The judgment and decree of the trial court are set aside, and the plaintiffs' suit is dismissed with costs throughout.

JUDGMENT - Chandurkar, J.

1. The defendants-appellants who are the transferees from the original defendants Nos. 1 to 4 have filed this appeal challenging the judgment and decree passed by the Civil Judge, Senior Division, Amravati decreeing the suit for possession and mesne profits filed by the plaintiffs-respondent Nos. 1 and 2. The plaintiffs claimed the suit property as mutawallis appointed by a wake deed dated 4-7-1946 alleged to have been executed by deceased Sheikh Mehatab who died on 15-11-1946. By this wake deed Sheikh Mehatab purported to create a wake in respect of the properties specified therein, and according to the recitals in the wake deed Sheikh Mahatab was himself to be the mutawalli during his lifetime. The plaintiffs alleged that after Sheikh Mehatab died on 15-11-1946 defendant No. 1 Sheikh Gulab forcibly took possession of the property and alienated a large part of it. Sheikh Mehatab was the son of Sheikh Bawru and he had a brother by name Sheikh Chandu. Sheikh Chandu, had a son called Sheikh Wazir. Both these persons died before Sheikh Mehatab. Sheikh Wazir left behind a son, Sheikh Gulab, defendant No.1 and two daughters, Batulbi and Bismillabi, defendants nos. 2 and 3. Katunbi, defendant No. 4, is the wife of Sheikh Gulab. Now, according to the plaintiffs, these defendants had no right whatsoever to the property left behind by Sheikh Mahatab which was the subject of the wake and the defendant No.1 along with the defendants Nos. 2, 3 and 4, had sold properties to the various defendants. The details of the alienations made by these defendants are as follows : -

(1) Suit land from survey Nos. 127 of Shendurjana is sold by defendants Nos. 1, 2 and 4 and mother of defendant No.1 to defendant No.5 on 31-1-1951 (Ex. D-1).

(2) Suit land 4 acres of the western side from survey No. 131/1 of Shendurjana is sold by defendant No.1 to Nookhan Rangwaikhan on 13-4-1955 and Noorkhan sold it to defendant No. 6 Vyankatrao on 21-6-1957 (Exs. D-9 and D-8).

(3) Suit land measuring 1 acre 6 gunthas on the eastern side from survey No. 131/1 of Shendurjana was sold by defendants Nos. 1, 3, 4 and mother of defendant No.1 to defendant 7 on 24-6-1953 and defendant No. 7 sold it to defendants Nos. 8 and 9 on 23-6-1954 (Exs. D-2 and D-3).

(4) Survey No. 71/1-A of Malkapur was sold by defendants nos. 1, 2, 3, 4 and mother of defendant No.1 to defendant No. 10 on 29-3-1954 (Ex. D-4).

(5) Survey No. 72/2 of Malkapur was sold by defendants Nos. 1, 3, 4 and mother of defendant No.1 to defendant no. 13 and Tulsiram on 31-3-1955 and thereafter Tulsiram sold his share from this land to defendant no. 13 (Ex. D-14).

(6) Suit land measuring 5 acres and 20 gunthas of the western side from survey No. 15 of Khedi was sold to defendant No. 14 on 17-2-1949 by defendants Nos. 1 and 2 and mother of defendant No.1 (EX. D-13).

(7) Suit land measuring 1 acre 25 gunthas of the northern side from survey No. 65 of Khedi was sold to defendants Nos. 10, 11 and 12 on 29-3-1954 by defendants Nos. 1, 2, 3, 4 and mother of defendant No. 1. (Ex. D-7).

(8) Two acres of eastern side of survey No. 33 of Mol Wihir was sold to defendant No. 15 by defendant No.1 on 22-2-1956.

(9) Three acres on the eastern side from survey no. 33 of Mol Wihir were sold by defendant No.1 to defendants Nos. 16 and 17 on 21-4-1956.

(10) Three acres of the eastern side from survey No. 33 were sold by defendant No. 1 to defendant No. 18 on 21-4-1956.

(11) Fourteen acres 33 gunthas of the eastern side from survey No. 33 of Mol Wihir were sold by defendants Nos. 1 and 4 to defendants Nos. 19 to 23 on 11-4-1958 (EX. D-15).

(12) Tiled house measuring 37 x 48 cubits of Shendurjana (mentioned at survey No. 4 in Schedule B of the plaint) is sold by defendant No.1 to defendant No. 24. The plaintiffs have also alleged that in addition to these alienations, defendant No. 1 was in possession of three open plots and one house mentioned in Schedule B of the plaint and possession of this property was also claimed in

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