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1982 Supreme(Guj) 77

S.B.MAJMUDAR
J. D. PATHAK – Appellant
Versus
V. S. BAROT – Respondent


Advocates Appeared: S.M.SHAH, V.H.BHAIRAVIA

S. B. MAJMUDAR, J.

( 1 ) THIS petition under Art. 226 of the Constitution of India raises a short but an interesting question of law as to the power of the Sub-Registrar acting under the provisions of the Indian Registration Act 1908 (hereinafter referred to as the Registration Act) to refuse to accept for registration a document which according to the Sub-Registrar is governed by the provisions of secs. 26 and 28 of the Urban Land (Ceiling and Regulation) Act 1976 (hereinafter referred to as the Land Ceiling Act ).

( 2 ) A few relevant facts may be noted at this stage. It is the case of the petitioner that he is not holding any land more than the ceiling area and he decided to sell his land admeasruing 568. 8 sq. yds. located at Rajkot to one Kusumben Amratlal Bhatt and executed the sale deed on 27 in her favour for a consideration of Rs. 1000. 00. The said document was presented by the petitioner in the office of the Joint Sub-Registrar Rajkot respondent No. 2 who is charged with statutory duty of registration of documents under the provisions of the Registration Act. The said document was first accepted for registration by respondent No. 2 on its production on 27-7-1981 and was g











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