J. NIRMALA KUMARI Vs. THE SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) THE writ petitioner has purchased the property at Shencottah situated in S.Nos.1070/4, 1070/5 and 1076/6 on 9.3.1992 and the petitioner has given a proper value of the property as well as the standing trees and the same has been registered as Document No.268/92, 269/92, 276/92 and 277/92 in the Office of the Sub -Registrar, Shengottah Taluk.

(2.) HOWEVER the second respondent has not released the document on the pretext that the matter has been referred to the Collector for adjudication of valuation since the Sub -Registrar was satisfied that the properties undervalued. However, the Sub -Registrar has not released the document in spite of repeated representations, the non -release of document is only due to the reason that the proceeding under Section 47 -A of the Indian Stamp Act is pending.

(3.) LAW is well -settled that when once the document is presented for registration, the registering authority is prima facie satisfied about the correctness of the document, the same has to be registered and released, even, if he has made up his mind that there has been undervaluation of the value of the property, subject -matter of the document. It is only after registration, he has got right to refer the matter for valuation to the Collector under Section 47 -A(1) of the Indian Stamp Act and the Sub -Registrar has no right to retain the document.