MUHAMMED Vs. DISTRICT REGISTRAR (GENERAL),

JUDGEMENT

(1.) A certain Ahmoo, the uncle of the petitioner, passed away while he was in Malaysia. Ahmoo was holding several items of properties in the State of Kerala in his name. To administer the above properties and if required to assign the same, the legal heirs of the aforesaid Ahmoo, executed a power of attorney authorising the petitioner to act for and on their behalf. The power of attorney was presented before the 1st respondent to have his opinion as to the duty, if any, with which it is chargeable. However, by Exhibit P6, the 1st respondent refused to adjudicate on the proper stamp holding that the last clause in the power of attorney is against the provisions of the Registration Manual and Section 201 of the Indian Contract Act.

(2.) The objectionable clause as noted by the 1st respondent is extracted below.

(3.) I have heard Sri. Habeeb, the learned counsel appearing for the petitioner and Sri Bimal K. Nath, the learned Senior Government Pleader.