DISTRICT REGISTRAR (ADMINISTRATION) Vs. FUTURA POLYESTERS LIMITED

JUDGEMENT

(1.) The writ petition filed by the respondent to direct the appellants to return the sale deed registered as Document No.1039 of 2017 pending proceedings under the provisions of the Indian Stamp Act, 1899 was allowed by the learned single Judge. The said order is under challenge in this intra court appeal.

(2.) The Sale Deed dated 1 March 2017 executed by the respondent in favour of M/s.Golden Star Promoters Private Limited, was kept pending by the Sub-Registrar on the ground that proper stamp duty was not paid. Since the document was not returned, the respondent filed a writ petition. The learned single Judge followed the earlier order in W.P.Nos.18521 and 18522 of 2016 and allowed the writ petition.

(3.) The issue as to whether the Sub-Registrar is bound to release the registered document pending adjudication under the Indian Stamp Act was considered by a Division Bench in W.A.(Md)Nos.1176 to 1179 of 2017 etc., batch. The Division Bench by judgment dated 9 October 2017 held that the Sub-Registrar is not bound to release the document pending adjudication under Section 47-A of the Indian Stamp Act. The issue is therefore squarely covered by the judgment delivered by the Division Bench. The appellants are therefore entitled to succeed.