Kurian Joseph, J.

Whether a beneficiary of a Trust is entitled to get a Certified copy of the Trust deed from the concerned Sub Registry office, under the provisions of the Registration Act, 1908 is the question to be considered in this Writ Petition. Petitioner is the beneficiary No. 19 in A.P.B. Family Trust, Kozhikode. The deed is registered as document No.243/1983 of Kozhikode Sub Registry. The same is entered in book No.4. According to the petitioner the Trust is not managed properly and she intends to file a suit under the Trusts Act for which an authenticated copy of the Trust deed is necessary. An application was filed before the second respondent. The same was returned stating that in view of the bar under S.57(3) of the Act, the copy cannot be supplied, as can be seen from the endorsement made in Ext.P2.

2. S.51 of the Act provides for register of books to be kept in the registration office:-

Book 1, "Register of non-testamentary documents relating to immovable property";

Book 2, "Record of reasons for, refusal to register;

Book 3, "Register of wills and authorities to adopt' and

Book 4, "Miscellaneous Register",

B - In the offices of Registrars

Book 5, "Register of deposits of wills".

S.57 of the Act provides for right to inspection and right to get certified copies of the, entries in the books. The section reads as follows:

“57. Registering officers to allow inspection of certain books and index and to give certified copies of entries. -

(1) Subject to the previous payment of the fees payable in that behalf, the Books Nos.1 and 2 and the indexes relating to Book No.1 shall be at all times open to inspection by any person applying to inspect the same; and, subject to the provisions of S.62, copies of entries in such books, shall be given to all persons applying for such copies.

(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies.

(3) Subject to the same provisions, copies of the entries in Book No.4 and in the Index relating thereto shall be given person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative.

(4) The requisite search under this section for entries in Books Nos.3 and 4 shall be made only by the registering officer.

(5) All copies given under this section shall be signed and sealed by the registering officer, and shall be, admissible for the purpose of proving the contents of the original documents.

Whether a beneficiary of a Family Trust is a person claiming under the Trust deed as entered in Book No.4 is the crucial question to be considered. The learned Government Pleader contends that in a Trust deed settlor and trustees are the executant and claimants. It is further contended that under R. 176 of the Kerala Registration Rules, Book No.4 can be called for by the concerned court for the purpose of perusing the same and also for taking a certified copy of the same. The Rule reads as follows:

“176. When a requisition is received from a court or any officer in charge of a police station production of a register book other than Book 3 or Book 4 or a register of thumb impressions, the Registering Officer shall ascertain whether it is absolutely necessary that the book itself should be produced or whether a certified copy of the entry required in evidence will not suffice. When it is absolutely necessary to produce the book itself or when the requisition is for the production of Register Book 3 or the Register Book 4 or a register of thumb impressions, the book shall be forwarded in a sealed packet, through a clerk, with instructions to bring the packet back to the office, unless the court or the officer in charge-of a police station considers its detention to be necessary. When register book itself i