STATE OF PUNJAB Vs. MOHABIR SINGH

JUDGEMENT

(1.) Leave granted in all the Special Leave Petitions.

(2.) The facts in C.A. Nos. 5337-41 of 1990 are sufficient for disposal of all these appeals.

(3.) The respondents had entered into an agreement of sale on March 4, 1989, to purchase from the vendors, Virender Singh and Rupinder Singh, a portion of house (Kothi No. 519) situated in Model Town, Jallandhar, of an extent of 20 marlas for a consideration valued at Rs. 9,700/- per marla and they appear to have paid as earnest money of Rs. 95,000/. The sale deed was required to be executed and registered before November 30, 1989. Few days prior to the aforesaid date the instrument appears to have been valued at Rs. 50,000/- and stamp duty was paid and presented for the same. The Sub-Registrar, Jallandhar, opined that prevailing market value was not less than Rs. 15,000/- per marla and, on that basis, he required the vendee to revise the instrument and fix the consideration for the purpose of stamp duty and registration charges on the revised valuation. He formed his opinion on the basis of the instruction issued by the Government in Ex. PW. dated August. 4, 1988. Feeling aggrieved, the respondents filed writ petition in the High Court. The division Bench in C.P.W. No. 7360/88 by order dated May 18, 1990 (Reported in AIR 1991 Punj and Hry 26) held that the guidelines cannot control the quasi-judicial discretion given to the Registering Authority under Section 47A(1) of the Indian Stamp Act, 1899 as ameded by Punjab Stamp Act, 1982 which came into force with effect from August 4, 1982. Section 47 A reads thus:-