The main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the Registration Act, 1908 only?

2. Before adverting to the rival contentions, a look at various provisions contained in Registration Act, 1908 would be useful. The Registration Act is designed to guard against fraud by obtaining a contemporaneous publication and an impeachable record of document. Section 17 of the Registration Act, 1908 provides that the following documents shall be registered, compulsorily;

(a) instruments of gift of immovable property;

(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment