9911796707
TMI Blog1927 (12) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... rtgage, dated March 27, 1886, which constituted a blot on the title; and (b) because, partly by reason of the vendors' failure to produce a certain power of attorney, which ought to have been produced, and partly because the person, who appeared before the registrar to acknowledge the execution of the conveyance with which the vendors' title began, did not satisfy the requirements of the Registration Act, the title offered was incomplete. Ghose J. upheld his objection, but his judgment was reversed by the High Court of Calcutta on appeal. 2. The facts are these. On April 29, 1853, Hari Mohan Sircar executed a family deed of trust of sundry properties, which included the house in question. In 1879 his grandson, Brojo Nath Sircar, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d June 30, 1889. This is the document which is not forthcoming. When the conveyance came to be registered, Brojo Nath Sircar again acted by an attorney, not Joy Krishna Bose, but another person. The objection taken is that only Joy Krishna Bose, the person whose hand signed the conveyance, could appear as one of the persons executing it so as to make the registration valid, and that the appearance and admission by the second attorney, or, indeed, of Brojo Nath Sircar himself, would not suffice for a valid admission of execution of the conveyance before the registrar. Accordingly, under the Indian Registration Act, 1877, Sections 34 and 35 and other sections, it is contended that the conveyance was not validly registered. It is evident that, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the document. The appellant contends that in these words executing means and means only actually signing. Their Lordships cannot accept this. A document is executed, when those who take benefits and obligations under it have put or have caused to be put their names to it. Personal signature is not required, and another person, duly authorized, may, by writing the name of the party executing, bring about his valid execution, and put him under the obligations involved. Hence the words person executing in the Act cannot be read merely as person signing. They mean something more, namely the person, who by a valid execution enters into obligation under the instrument. When the appearance referred to is for the purpose of admitting ..... X X X X Extracts X X X X X X X X Extracts X X X X
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