LAWS(KER)-2010-8-394

PAREEKKUTTY Vs. SUB-REGISTRAR, PERUMBAVOOR

Decided On August 10, 2010
Pareekkutty Appellant
V/S
Sub-Registrar, Perumbavoor Respondents

JUDGEMENT

(1.) Aggrieved by judgment dated 15,7.2010 in W.P.(C) No. 20235 of 2010, the unsuccessful writ petitioners have preferred the instant appeal.

(2.) The case of the appellants is that they purchased certain properties covered by Ext.P3 sale deed dated 22.6.2010. When the said document was presented for registration, the 1st respondent herein refused to register the document stating that the consideration for the sale indicated in the document was less than the fair value of the property fixed under the provisions of Section 28A of the Kerala Stamp Act, 1959.

(3.) The further case of appellants is that though the fair value of the land in question is fixed as contemplated under Section 28A and published in the Extraordinary Gazette dated 06.03.2010, the same is the subject matter of an appeal preferred by the vendor of the appellants herein. It may be stated here that Section 28A of the Kerala Stamp Act contemplates the fixation of fair value of a land and also Sub-section (4) of Section 28A creates an appellate remedy in favour of any person aggrieved by the fixation of fair value under Section 28A. Section 28A reads as follows: