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2010 Supreme(Ker) 423

S.SIRI JAGAN
Abid – Appellant
Versus
Revenue Divisional Officer – Respondent


Advocates Appeared:For the Petitioners:Babu s. Nair, K. Rakesh Advocate. For the Respondents:G.P. Sri P. Narayanan, Advocate.

Judgment :

1. The question posed by the petitioners in this writ petition is as to whether a registering authority under the Indian Registration Act has power to refuse registration on the ground that a document presented for registration does not bear stamp duty payable in accordance with the Schedule to the Kerala Stamp Act. The facts are not in dispute. The petitioners want to execute sale deeds in respect of certain properties purchased by them. In respect of those properties, the Government of Kerala has fixed fair value by virtue of powers under Section 28A of the Kerala Stamp Act. According to the petitioners, the market value of the property is less than the fair value so fixed. Against the fixation of fair value, the petitioners have already filed Exts.P3 and P4 appeals before the appellate authority. Their contention is that they are entitled to get the documents registered on payment of stamp duty as per the consideration fixed and on presentation of the same paying stamp duty on the basis of the consideration fixed in the sale deeds, the registering authority is bound to register the document in accordance with the Indian Registration Act and if he is opinion that approp









































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