1. A short legal point which emerges out of the proceedings is as to whether or not for every mode of transfer of immoveable property, a separate permission in terms of 2nd provisio of section 3 of the J&K Migrant Immoveable Property (preservation, protection and restraint on distress sales) Act, 1997 hereinafter called "the Act" is required to be obtained.

2. The respondent No.1 who is the attorney holder of some migrants applied for permission in terms of section 3 of the Act before the competent authority. The permission was not granted within the stipulated period of 15 days. The attorney of the land owner, executed a deed of relinquishment in favour of the petitioner and produced same for registration. The Sub-Registrar Srinagar refused registration of the document on the plea that the relinquishment deed was executed as a substitute and in disguise of a sale deed just for the purpose of saving court fee and stamp duty. However, during the course of proceedings before the Sub-Registrar he conducted an enquiry as to whether an application before the competent authority was genuinely made and as to whether umbrella of deeming provision was available in terms of proviso to section

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