SANJAY KUMAR Vs. SUB REGISTRAR

JUDGEMENT

(1.) The petitioner has presented this petition questioning the legality of the reference made under Section 45.A of the Karnataka Stamp Act.

(2.) The facts of the case, in brief, are as follow: The Karnataka .. State Road Transport Corporation Employees' House Building Co-operative Society has formed a layout at Nainappasetty Palya in Bangalore South Taluk. The society allotted a site in favour of one. Narasamma for a sum of Rs. 14.240-00 in the year 1980. Narasamma sold the site to one Govindaraju for a sum of Rs. 41,000-00. Govindaraju in turn sold the site to one Ashwathanarayana for a sum of Rs. 49,000-00 and the petitioner purchased the said site from Ashwathanarayana for a sum of Rs. 1,75,000-00. The site measures 60'x65. The document was presented for registration before ' the Sub-Registrar, Jayanagar. According, to the petitioner, instead of returning the document after registration, to . the petitioner, the Sub-Registrar has made a reference to the Deputy Commissioner on the ground that the real market value of the site has not been reflected in the sale deed. Questioning the legality of the said reference, the petitioner has presented this writ petition.

(3.) The learned counsel for the petitioner contended that there was no valid reference at all to the Deputy Commissioner. In support of his contention, he relied on Section 45A( 1) of the Karnataka Stamp Act 1957. It reads: