1. Rule made returnable forthwith.

2. This writ petition challenges the orders of the Registering Authority and the Appellate Authority refusing to register a conveyance executed by and between a private limited company which was the builders of the building and the co-operative housing society of flat purchasers which has been registered under the Maharashtra Co-operative Societies Act. The order of refusal sets out various provisions of various legislations which are claimed not to have been complied. These are inter alia Sections 7 & 54 of the Transfer of Property Act, Section 11 of the Indian Contract Act and Section 11 of the Indian Evidence Act as also Section 34 of the Indian Registration Act. The order further refers to Section 72(3) of the Maharashtra Registration Manual, Part II which requires compliance with Sections 19 to 26 and 33 to 35(b) of the Indian Registration Act.

3. The Registering Authority is required to register the document executed by the parties to present themselves before the Registering Authority and admit execution thereof. Consequently under the Indian Registration Act the following provisions would have to be complied for undertaking that procedure, the relevant part of which run thus:

PART VI OF PRESENTING DOCUMENTS FOR REGISTRATION

“32. Persons to present documents for registration.-Except in the cases mentioned in every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration-office, -

(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or

(b) by the representative or assign of such a person, or (c) by the agent of such a person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned.

34. Enquiry before registration by registering officer.-

(1) Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26:

Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered.

(2) Appearances under sub-section (1) may be simultaneous or at different times.

(3) The registering officer shall thereupon –

(a) enquire whether or not such document was executed by the persons by whom it purports to have been executed;

(b) satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and

(c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear.

35. Procedure on admission and denial of execution respectively. –

(1) (a) If all the persons executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the person they represent themselves to be, and if they all admit the execution of the document, or

(b) if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, or

(c) if the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution, the registering officer shall register the document as directed in sections 58 to 61 inclusive.

(2) The registering officer may, in order to satisfy