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1955 Supreme(Pat) 86

S.K.DAS, KANHAIYA SINGH
Gopal Upadhya – Appellant
Versus
State Of Bihar – Respondent


Judgment

Das, J.

1. This is an application for the issue of a writ quashing an order passed by the District Registrar, of Shahabad on 10-7-1954. By the said order, the learned District Registrar interfered with an order of the District. Sub-Registrar and directed the District Sub-Registrar, under the provisions of Section 72(2) of the Indian Registration Act, to register a particular document in the following circumstances.

2. One Nathuni Singh alias Chandrama Singh, opposite party No. 3 before us presented a sale deed stated to have been executed by one Gopal Upadhya, petitioner, before us, for registration to the District Sub-Registrar. Execution of the document was denied by the petitioner and the learned District Sub-Registrar to whom the document was presented for registration under Section 30(1) of the Registration Act, proceeded to hold an enquiry under Section 74 of Part 12, Registration Act. On holding such an enquiry the learned District Sub-Registrar was satisfied that the document had not been executed by the present petitioner and that the document was written out by the scribe on blank sheets of paper which contained the signature of the executant from before. On this
























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