SHANTI DEVI Vs. ANNAPURNA DEVI

JUDGEMENT

(1.) SINCE common question of fact and law is involved in these appeals the same are being decided by a common judgment and order.

(2.) HEARD Dr. L. P. Mishra, learned counsel for the appellants and Shri R. N. Gupta learned counsel for the respondents.

(3.) IN the case of Komal Chand and another v. State of Madhya Pradesh, AIR 1966 MP 20 (V-53 CJ) (F/B), the Full Bench of Madhya Pradesh High Court has held that neither the Registration Act nor the Stamp Act contains any provision giving to the registering officer any power to examine whether an instrument already registered was or was not duly stamped and to impound it. As soon as the registering officer registers a document presented to him for registration, the function in the performance of which the document was produced to him is over and he thereafter becomes functus officio having no power under Section 33 to impound the instrument.