The admissibility of the registration certificate as evidence of execution under the Travancore Registration Act and the provisions of the Evidence Act.

1. The only point taken in this second appeal by defendants 4 to 7 (who claim to be the assigns of the mortgagee 1st defendant) against the decree for redemption they have suffered, is that the plaintiff has not proved that the sale deed, Ext. P-2 dated 23 61118 M. E. (5-2-1943 A. D.), under which she claims title to redeem, was executed by the original mortgagor, Kaliamma Pillai, by whom it purports to be executed. But, Ext. P-2 is a registered document; it is not a document required by law to be attested; therefore, it does not attract S.68 of the Evidence Act; and the proof required by S.67 can be in any mode authorised by law. The endorsements on the document, duly certified under S.53 of the Travancore Registration Act, 1087, (corresponding to S.60 of the Indian Registration Act) show that the document was presented for registration by Kaliamma Pillai who admitted execution before the Registrar and signed an endorsement to that effect, that she was identified by two witnesses who signed an endorsement in token thereof, and that she received the consideration in the presence of the Registrar and also signed an endorsement to that effect. Under sub-section (2) of S.53 of the Travancore Registration Act (corresponding to sub-section (2) of S.60 of the Indian Registration Act) which says that the certificate (which, it is not disputed, complies with the requirements of the section) shall be admissible for the purpose of proving that the facts mentioned in the endorsements referred to in S.51 among such endorsements being the endorsement of admission of execution by the executant of the document under S.50(1)(a) have occurred as therein mentioned, aided as it is by the presumption in S. III Illustration (e) of the Evidence Act, the certificate is evidence of admission of execution by the executant, Kaliamma Pillai, and, therefore, as against her and persons claiming under her, evidence of execution. And if as against Kaliamma Pillai, it could be proved that the sale deed was executed by her, the mortgagee defendants, who are only setting up her title and none of their own, would be bound to accept the plaintiff's title. There was no evidence of any kind to the contrary the bare assertion of Dw.l (the 6th defendant) who was only seven years old at the time of the document, and has no knowledge whatsoever of its execution, that it was not executed by Kaliamma Pillai is not evidence and the courts below accepted the evidence furnished by the registration certificate as sufficient proof of execution. I do not think that it can be said that in doing so they committed an error of law.

2. I regard the Privy Council decisions in Gangamoyi Debi v. Troiluckhya Nath Chowdhury (I. L. R.33 Calcutta 537), Md. Ihtishan Ali v. Jamma Prasad (A. I. R.1922 P. C. 56) and Gopal Das v. Sri Thokurji (A. I. R.1943 P. C. 83) See also Vishwanath v. Rahibai (A. I. R.1931 Bombay 105), Pandappa v. Shivalingappa (A. I. R.1946 Bombay 193) and Kalu v. Bapurao (A. I. R.1950 Nagpur 6) as authority for the proposition that, in cases where S.68 of the Evidence Act has no a application, the certificate of registration in the light of the presumption in S.114 Illustration (e) of the Evidence Act is evidence of execution and can, in fit cases, be accepted as proof thereof and with the contrary view expressed in Salimatul-Fatima alias Bibi Mossini v. Koylashpoti Narain Singh, (I. L. R.17 Calcutta 903), Marati Balaji v. Dattu (A. I. R.1923 Bombay 253) and Bulakidas Hardas v. Chotu Paikan (A. I. R.1942 Nagpur 84) neither what is said in the Privy Council decisions nor the wording of S.60(2) of the Registration Act lends the least support to the statement in the last mentioned case that the certificate is only corroborative and not substantive evidence; the section says that the certificate is admissible for proving certain facts which can only mean that it is substantive evidence regarding those facts I must express my respectful dissent. To the argument no