M.M.Kumar, J.

1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging the judgement and decree passed by both the Courts below dismissing their suit. When the appeal came up for admission on 18.1.2005, the following question of law was framed:

"Whether in the absence of any pre-existing right with the defendant- respondents 1 to 3, a decree (Exhibit P.2) suffered by Jagno (who is fathers sister of defendant-respondent) required registration under Section 17(1) of the Indian Registration Act, 1908 ?"

2. In order to appreciate the controversy it would be necessary to extract pedi-degree table which is as under:

PEDIGREE OF APPELLANTS

3. It has come on record that Sher Singh died issueless in 1953. His widow Jagno, defendant- respondent No. 4 ( who died during the pendency of the proceedings) became absolute owner of the landed and other property to the extent of half share. This fact has not been disputed by both the parties. It has also remained undisputed that Jagno died in the year 1993 and did not re-marry. The Id. Addl. District Judge has recorded a categorical finding that after the death of her husband she had been living w