BIRDHI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Executing Court while executing the decree for the specific performance forwarded the draft sale-deed for registration to the Sub-Registrar of Documents Jaipur II. The matter ultimately came up to the Additional Collector Stamps Jainpur, who vide judgment dated January 12, 1995 declined to register the sale-deed unless amount in the sum of Rs. 78,500/- against stamp duty, registration charges and penalty is paid. Impugning this order the instant writ petition has been filed by the petitioner.

(2.) HAVING heard learned counsel for the petitioner and on careful scrutiny of the material on record, I find that the impugned order is ex facie perverse and deserves to be quashed. The Sub-Registrar of Documents Jaipur II was duty bound to register the document as sent to him by learned Civil Judge (Senior Division) Jaipur City, Jaipur for registration. It was not his concern to see whether the marked value of the property as given in the instrument was proper or correct. That being the legal position in this case the Registration Authorities cannot contend that the value of the property shown in the sale deed was not true consideration. (Vide Sub-Registrar Kodad Town v. Amaranaini China Venkat Rao (AIR 1998 AP 252) and S.P. Padmavathi v. State of Tamil Nadu (AIR 1997 Madras 296).