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1987 Supreme(Guj) 66

G.T.NANAVATI, P.R.GOKULAKRISHNAN
CHAMPAKLAL J. GADANI – Appellant
Versus
STATE – Respondent


Advocates Appeared: N.R.THAKKAR, P.S.PATEL

P. R. GOKULAKRISHNAN, J.

( 1 ) AS respondent No X Sub-Registrar of Assurances Ahmedabad is not returning the Sale-Deed presented by the petitioner for registration even though all formalities of registration are over the petitioner has filed this petition for issuance of a writ of mandamus directing respondent No. 2 to return his document and further direct both the respondents to return all those documents which are retired by the registering officers after registration to their respective owners Respondent No. 2 has withheld the document of the petitioner for the purpose of referring it to the Collector of the District for determination of the true market value of the property since he believes that the market value referred in the document is very much undervalued.

( 2 ) MR. Thakkar learned Counsel for the petitioner contended that once the document is registered as per sec. 61 (2) of the Registration Act 1908 the said document has to be returned to the person who presented the same for registration. He further submitted that the registering officer has no authority after registration of the document to refer the same to a Collector for determination of true market value of the p






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