RAVINDRA PHARMACITICAL PVT LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) Order (Annexure P-6) issued by Sub-Registrar, Pehowa, on 10/08/1992, is challenged by the petitioner in this writ petition, as having been issued without any authority of law. The petitioner had taken a loan from the bank-respondent No. 4. Subsequently the bank asked the petitioner to furnish additional security that a document was prepared and submitted to the Sub Registrar, Pehowa, for registration. It was duly registered. Subsequently this notice (Annexure P-6) was issued, calling upon the petitioner to pay deficiency of Rs. 29,000.00 on the aforesaid deed.

(2.) On notice of motion having been issued, written statement was filed on behalf of the official respondents, inter alia, asserting that the said deed was a mortgage-deed and required more stamp duty, for which notice was issued. Maintainability of the writ petition was also disputed.

(3.) We have heard counsel for the parties and we are of the opinion that after a document is registered, the Sub-Registrar ceases to have jurisdiction over the matter. It is only before registering the document that for the reasons to be recorded, the Sub-Registrar could refuse to register it under S. 71 of the Registration Act. Such an order could be appealed before the Registrar under S. 72 of the Act.