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TMI Blog1914 (11) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... bordinate Judge of Saharanpur, one on the 20th May 1909 and the other on the 16th March 1910. They were suits for sale of Immovable property. The suit of 1909 was based on a mortgage-deed of the 10th August 1880, the consideration for the mortgage having been Rs. 7,000. The suit of 1910 was based on a mortgage-deed of the 2nd July 1882, the consideration for that mortgage-deed having been Rs. 59,000, and upon a mortgage-deed of the 25th October 1892, There was in each suit a claim for a money decree. The Subordinate Judge dismissed the suits on the grounds that the mortgage-deeds had not been validly registered, and consequently could not affect the Immovable property which was comprised in the mortgages, and that claims for money decrees w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1877 it is enacted that: Except in the cases mentioned in Section 31 and Section 89, every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration office, by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or by the representative or assign of such person, or by the agent of such person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned. 4. So far as is material to the decision of these appeals, it is in Section 33 of Act III of 1877 enacted: For the purpose of Section 32, the powers-of-att ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar registered the mortgage-deed. 6. The mortgage-deed of the 10th August 1886 was presented for registration on the 9th September 1886 at Saharanpur, at the proper registration office, on behalf of Lala Mitter Sen, the mortgagee, by one Ilahi Bakhsh, who held a power-of-attorney of the 17th February 1886) From Lala Mitter Sen, which, however, did not empower Ilahi Bakhsh to present documents for registration, This power-of-attorney had not been authenticated by the Registrar or the Sub Registrar of Saharanpur, and it does not appear that it had been executed by Lala Mitter Sen before either of those officials. It has not been proved that Ilahi Bakhsh held any other power-of-attorney from Lala Mitter Sen. The mortgagors admitted before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a document for registration by an agent, in that case the agent of a vendee of Immovable property, who has not been duly authorised in accordance with those sections, does not give to the Registering Officer the indispensable foundation of his authority to register the document. As those learned Judges said: His (the Sub-Registrar's) jurisdiction only comes into force if and when a document is presented to him in accordance with law. 9. These learned Judges also rightly decided in the same case that the fact that tins Sub-Registrar had summoned before him the executant of the deed, who was the vendor, and bad obtained his consent to the registration of the deed, did not give the Sub-Registrar jurisdiction to register it, and that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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