Registration is not conclusive proof of execution, and expert opinions should be considered along with other evidence.

1. In OS No. 46/ 76 filed by the first respondent for partition, a preliminary decree was passed directing division of the plaint schedule 'properties into seven equal shares, and allotment of one share to the plaintiff. The 4th defendant was ex parte. The first defendant passed away. When the plaintiff applied for final decree, defendants 2, 3, 5 and 6 resisted the attempt on the ground that after the preliminary decree dated 3-12-1976, the plaintiff and the 4th defendant had, as a result of mediation, surrendered their shares, by registered surrender deed No. 417/77 of the Chittur Sub Registry, in favour of the other sharers. The plaintiff filed a rejoinder denying execution and registration of any such deed by her, and the court below was thus called upon to find out whether the deed in question was genuine and valid. The plaintiff gave evidence as PW1 asserting that the thumb impression on the surrender deed (Ext.B1) was not hers, and that she had bad no knowledge about the alleged registration. RW1 was the 5th defendant, and RW2, an attesting witness to Ext. B1. RW3 was a finger print expert who opined that the disputed thumb impression (in Ext.B1) was really that of the plaintiff. On a consideration of the evidence before it, the court below felt that the examination of the thumb impression by RW3 was not thorough and complete, that his opinion was not sufficiently corroborated, and that there was evidence to suggest that PW1 might not have been a party to the execution and registration of Ext.B1.

2. It is the above view of the court below which is now being challenged by defendants 2, 3, 5 and 6, in this revision.

3. If I have understood Mr. N. Viswanatha Iyer for the revision petitioners correctly, it has not been his contention that since Ext.Bl was registered, it should have been presumed to be genuine and acted upon. There are no doubt decisions which observe that in view of S.34 and 35 of the Registration Act which empower or cast a duty on the Sub-Registrar to enquire about the identity of the executant and the factum of execution, due registration could be treated as some evidence of execution by the person figuring as executant in the document; but this is only a presumption attaching to official acts, which could be rebutted. There is enough authority to show that the decision of the Sub-Registrar is not binding on a court before which execution is denied; in such a case, the court can give due weight to the factum of registration. But the final decision should rest on the court's own assessment of the facts and circumstances placed before it. For example, one of the executants of a document might have claimed in it that he was a major at the time; but the Sub-Registrar was not required to enquire into the truth of such a claim, in such a manner as to give a binding decision. His opinion as to the age of the executant at the time of registration cannot be treated as evidence, much less conclusive evidence, by a court of law. Sub-s.(2) of S.60 of the Registration Act deals with the effect of a certificate of registration, and there is no provision in the Registration Act to the effect that registration should be deemed to be conclusive proof of even execution. On the other hand, the proviso to S.68 of the Evidence Act shows that so far as proof of execution of a document is concerned, the calling of an attesting witness can be dispensed with, where the document is registered and execution is not specifically denied, suggesting thereby that the factum of registration cannot by itself amount to proof of execution, where the executant denies it. There are also authorities which suggest that denial of execution includes denial of attestation also.

4. In the present case Ext.B1 appeared to be a registered document; but that by itself was not conclusive proof of its due execution by the plaintiff, once such execution was categorically denied by her. The petitioners themselves were apparently aware of this leg