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2015 Supreme(Guj) 952

N.V.ANJARIA
Sitaram Sugars and Allied Industries Limited – Appellant
Versus
Baroda Central Co-operative Bank Limited – Respondent


ORDER :

1. Whether the registering authority under the Registration Act, 1908 can refuse to register document presented before it by going into the aspects relating to the title of the property or issues about legality of the transaction, is the question posed for consideration in these two cognate petitions.

2. By filing the captioned petitions under Articles 226 and 227 of the Constitution, the respective petitioners have prayed to set aside order dated 13th April, 2015 passed by respondent No. 2 registering authority herein whereby the said authority refused to register sale deed dated 28th March, 2014 executed in favour of the petitioner of Special Civil Application No. 8436 of 2015. A further direction is prayed for against respondent No. 2 to register the sale deed and release the document.

2.1 Since both the petitions involve same facts and the challenge in both is to the very order, they were heard together and are being decided simultaneously by this judgment. The relevant facts are set out with reference to first captioned Special Civil Application No. 8436 of 2015 and the words the petitioner and the respondents hereinafter have their reference accordingly.

3. The petitione











































































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