Gracy vs The Sub Registrar on 28 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1863 of 2010(G)


1. GRACY, W/O. LATE PAUL, AGED 56 YEARS,
                      ...  Petitioner

                        Vs



1. THE SUB REGISTRAR,
                       ...       Respondent

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :28/01/2010

 O R D E R
                  T.R. RAMACHANDRAN NAIR, J.
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                    W.P.(C) No.1863 OF 2010
               ---------------------------------------
           Dated this the 28th day of January, 2010.


                         J U D G M E N T

The petitioner is seeking for a direction to the respondent to

register the original of Exhibit P1, styled as a sale deed. It is

pointed out that the respondent has taken objection regarding

the valuation adopted in the document. The contention raised is

that going by the provisions of the Registration Act, there cannot

be any refusal to register the document and the question of

undervaluation etc. will have to be addressed under Section 45B

of the Stamp Act after registering the same.

2. Learned Government Pleader on instructions submitted

that if the petitioner produces the document for registration, the

same will be duly registered under the provisions of the

Registration Act.

Therefore, the petitioner will have to present the document

for registration before the respondent and the document will be

registered if the same is otherwise in order. Any dispute

W.P.(C) No.1863/2010 2

regarding undervaluation will be addressed by the respondent in

terms of Section 45B of the Stamp Act.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE

smp