CHIEF CONTROLLING REVENUE AUTHORITY Vs. SHARDA DEVI

JUDGEMENT

(1.) This reference has been made by the petitioners afore mentioned purporting to be in terms of Section 57 of the Indian Stamp Act, 1899 (in short the "Act") referring two questions for opinion of this Court, which are in the following terms:

(2.) In the instant case it is not in dispute that despite reference having been made document in question has been registered as far back as in 1977. Furthermore, in the instant case, no finding of fact has been arrived at to the effect that the afore-mentioned power of attorney had been executed as a collateral document by way of camouflage. There is also nothing on record to show that the possession of the property had been delivered by the owner in favour of the husband of the said Smt.Prem Wati or the holder of the power of attorney. In the afore mentioned situation, we are of the opinion that,in absence of any finding to the afore-mentioned requisite fact and further having regard to the fact that there is nothing to show that the possession has been delivered either by way of part performance of contract or otherwise the questions referred to this Court for its opinion cannot be answerer. We in the facts of the instant case, thus, deem it fit that the questions need not be answered. We may also notice that the parliament has enacted the Registration and Other Related Laws (Amendment), Act 2001, which has been published in the Official Gazette on 24/09/2001 whereby, inter alia, the provisions of the Registration Act, Transfer of Property Act and Indian Stamps Act have been amended. By reasons of the provisions thereof a new Section 16A in the Registration Act has been inserted and after Section 17 thereto sub-section 1A has been amended. In terms of Section 5 of the said Act after Section 32 a new provision, namely, Section 32A has been inserted. By reason of Section 6 of the said Act, Section 49 has been) amended. Similarly by reason of Section 7 thereof, section 52 of the Registration Act has been amended. Further by reason of Section 9 of the said Act in sub-section (1), after clause (a) clause(aa) has been inserted, By reason of Section 10, which occurs in Chapter III of the said Act, Section 53A has been amended to the following effect:-

(3.) In view of the fact that legislative measures have already been taken which prima facie appear to have a direct nexus with the question referred For opinion of this Court, in terms of Section 57(1) of the Act we are of the opinion that, having regard to the facts and circumstances of this case, the said questions are not required to be answered for future guidance. As and when any appropriate matter comes up for adjudication before this Court, the same shall be considered on its own merit. Reference is accordingly disposed of.