JUDGMENT :

KAUSER EDAPPAGATH, J

1. The property having an extent of 72.87 Ares comprised in Survey No. 379/4-9 of Thrithala Village, Pattambi Taluk, Palakkad District, originally belonged to late Abubacker Haji. The petitioner is one of the legal heirs of Abubacker Haji. After the death of Abubacker Haji, the petitioner and his remaining children decided to settle the property in favour of their mother and accordingly, prepared Ext.P1 draft settlement deed and submitted the same for registration before the respondent No. 1. According to the petitioner, the respondent No. 1 refused to register Ext.P1 settlement deed, insisting on prior title deed of the property. It is in these circumstances, the petitioner has approached this Court.

2. I have heard Sri. T.H. Shain, the learned counsel appearing for the petitioner and Sri. B.S. Syamanthak, the learned Government Pleader.

3. The learned Government Pleader on instructions submits that the Sub-Registrar did not register Ext.P1 settlement deed since the petitioner failed to produce title deed of the property to show that his father acquired title over the property.

4. Section 34 of the Registration Act, 1908 provides for enquiry before regis