HABIB SHAH Vs. MEHDA SHAH

JUDGEMENT

(1.) IN a complaint filed by Mehda Shah against Mst. Khatoni and others Under Section 82 of the Registration Act objection was taken by the counsel for the accused that the complaint was not maintainable without the previous sanction of the Registering Authority as contemplated by Section 83 of the Registration Act. The learned Munsiff Magistrate Hand-wara over-ruled this objection of the accused. Against the order of the Munsiff Magistrate a revision application was filed by the accused in V the Court of the Additional Sessions Judge who affirmed the order of the Munsiff Magistrate and dismissed the revision application. The accused has come up in revision to this Court against the order of the Additional Sessions Judge.

(2.) THE sole question for consideration in this revision application is whether it was necessary for the complainant to obtain permission Under Section 63 of the Registration Act before filing the complaint against the accused Under Section 82 of the said Act,

(3.) THE learned Counsel for the petitioner has relied upon a decision of the Rangoon High Court, and also on the Full Bench decision of the Allahabad High Court, reported as Mohammed Mehdi v. Emperor A. I. R. 1934 All 963.