The court has the power to interfere and direct the return of an unregistered document along with the stamp duty paid, even in the absence of a specific provision in the Registration Act or the Indian Stamp Act, to prevent injustice and uphold the principles of natural justice.

Sadhan Kumar Gupta

( 1 ) THE case of the writ petitioner is that he submitted a deed of Gift for registration, he being the Donor, in the Office of the Additional Registrar of assurances-II, New Secretariat Building, Calcutta Stamp Duty of Rs. 22,520/-was paid in respect of the said Deed of Gift. In addition to that, the additional Registrar of Assurances-ll before registering the said instrument of transfer, directed that a further stamp duty to the extent of rs. 4,57,200/- was to be paid in respect of the said instrument, before final registration. As the petitioner could not pay such a huge amount of stamp duty, he abandoned the idea of registering the said Deed of Gift and decided not to make any transfer of his property by the said Deed of Gift. Consequently, the petitioner asked for the return of the said unregistered document from the respondent No. 2. But he refused to return the said unregistered instrument and advised the petitioner to file a deed of cancellation in respect of the said unregistered Deed of Gift. Being dissatisfied with the decision of the Registrar, the petitioner submitted series of representations to the respondents requesting them to return back his unregistered Deed of Gift. But the respondent authorities did not take any action. As the respondents did not take any step on the basis of his representation in that respect so finding no other alternative, the petitioner has filed this writ application praying for directing the respondent authorities to immediately return back the said unregistered Deed of Gift in his favour.

( 2 ) I have heard the submissions of the learned Advocate for the petitioner and the Learned Advocate for the State. Both of them conceded that there is no specific provision either in the Registration Act or in the indian Stamp Act regarding the return of the document in question under the circumstances of the present case. But the fact remains that the petitioner submitted a Deed of Gift before the registering authority for the purpose of registration and at that time he paid stamp duty to the extent of Rs. 22,520/ -. But the said Deed of Gift was not registered on the ground that further stamp duty to the extent of Rs. 4,57,200/- was required to be paid by the petitioner. The petitioner, as it appears from the writ petition, thereafter decided not to register the said Deed of Gift as he was unable to pay such a huge amount of stamp duty, which was required to be paid in accordance with law. For that reason, he prayed for return of the document. But the registrar concern did not return the same presumably on the ground that once it has been presented for registration, it cannot be returned to the present or as there is no such provision in the Registration Act. But simply because there is no such provision in the Act itself, it cannot be said that for that reason only the petitioner will be deprived of getting back his deed in question. There are provisions on the Registration Act regarding the steps that are to be taken in respect of an unclaimed document or when for reasons to be recorded the Registrar decided not to register a particular document. Fact remains that for the said deed, a stamp duty valued at Rs. 22,250/- has been paid and as the petitioner is not in a position to pay the balance stamp duty, so the stamp duty already paid, has been spoilt. Unless and until the document is registered with the registering authority, it cannot be said that it is the property of the said authority. A document is presented before the registering Authority for the purpose of registration and if the formalities are complete and necessary stamp duty is paid, then and then only the registrar can direct for registration of the said document an consequently the said document becomes the property of the said department and it will be preserved accordingly, as provided in the Registration Act. But so far as the present case is concerned, it appears that admittedly said document was not r

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