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2022 Supreme(SC) 1714

SANJAY KISHAN KAUL, ABHAY S. OKA
Inspector General of Registration – Appellant
Versus
G. Madhurambal – Respondent


Advocates appeared:
Mr. Amit Anand Tiwari, AAG, Mr. Sabarish Subramanian, Advocate, Mr. Vishnu Unnikrishnan, Advocate, Ms. Devyani Gupta, Advocate, Mr. P. Shankar, Advocate, Ms. Shivani Jena, Advocate, Mr. Naman Dwivedi, Advocate, For the Appellant / Mr. K. V. Viswanathan, Sr. Advocate, Mr. V. Raghavachari, Sr. Advocate, Mr. A. Radhakrishnan, Advocate, Ms. Sri Ruma, Advocate, Mr. P. krishnan, Advocate, For the Respondent.

ORDER

1. Learned counsel for the petitioner(s) has made a valiant endeavor to persuade us to interfere with the impugned judgment(s) but not successfully. It is logically so as this issue has been repeatedly settled and if one may say, a consistent view followed for the last 150 years. We may refer to the judgments by the Madras High Court in the Board of Revenue No.2 of 1875 (In Re: Case Referred) dated 19.10.1875 opining that a certificate of sale cannot be regarded as a conveyance subject to stamp duty, by the Allahabad High Court in Adit Ram v. Masarat-un-Nissa, Manu/UP/0089/1883 opining that a sale certificate is not an instrument of the kind mentioned in clause (b) of Section 17 of Act III of 1877 and is not compulsorily registrable and this Court's view in Esjaypee Impex Pvt. Ltd. v. Asst. General Manager and Authorised Officer, Canara Bank, (2021) 11 SCC 537 opining that the mandate of law in terms of Section 17(2)(xii) read with Section 89(4) of the Registration Act, 1908 only required the Authorised Officer of the Bank under the SARFAESI Act to hand over the duly validated Sale Certificate to the Auction Purchase with a copy forwarded to the Registering Authorities to be f

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