SHANTI DEVI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) A very important question of law having general importance falls for consideration in this writ application and with the consent of the learned Counsels for the parties who have been heard at length the writ application is disposed of at the admission stage.

(2.) The question falls for consideration is "whether authorities exercising power u/S. 47-A of the Stamp Act (as amended by Bihar Amendment Act, 1988) read with Bihar Stamp (Prevention of Undervaluation of Instrument) Rules, 1995, can refuse to register an instrument duly presented for registration in execution of a decree of specific performance of contract of sale of immovable property passed by a Civil Court of competent jurisdiction on the ground of undervaluation of the property which is the subject matter of the decree.

(3.) Before answering the question it would be useful to briefly state the facts of the instant case which lie in a narrow compass.