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2001 Supreme(Ker) 477

G.SIVARAJAN
K. Eshaque – Appellant
Versus
The Sub Registrar, Kozhikode – Respondent


Judgment :-

G. Sivarajan, J.

The 2nd respondent herein had executed a sale deed (Ext.P7) in favour of the petitioner on 1-4-2001 conveying superstructure with lease hold rights in respect of an extent on 13.33 cents in old survey No. 76/4A (resurvey No.19.20.584, 585) and another extent of 29 cents in survey No.58/5(resurvey No.19.20.585,586 and 587)both of Kasaba Village Kozhikode Taluk in Kozhikode District. The said document was produced before the Ist respondent for registration. The grievance of the petitioner in that the Ist respondent has issued an objection slip dt.15-6-2001 (Ext.P8) stating that on inspection of the document (Ext.P7)it is revealed that the property described in the document 18 cents comprised in resurvey 19.20.535 is Kallaipuzha and 2 cents in survey No. 586 is road and 79 cents in survey No. 587 is river puramboke as recorded in the registers maintained by the Ist respondent . The petitioner was directed to produce evidence regarding the possession of the said properties by the 2nd respondent for execution of Ext.P1 sale deed must satify the requirement of Sec.33 of the Registration Act.

2. According to the petitioner, the Ist respondent was not justified i




















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