L. N. Mittal, J. (Oral) : C. M. No. 5900-C of 2011 :

For reasons mentioned in the application, which is accompanied by affidavit, delay of 35 days in filing the appeal is condoned.

Main Appeal :

2. Defendants no.1 and 2 – Sub Registrar, Nuh and State of Haryana respectively, having lost in both the courts below, have filed the instant second appeal.

3. Vidya Devi – mother of plaintiffs and proforma defendant no.3 (all respondents herein) executed registered relinquishment deed dated 20.09.2002 in favour of plaintiffs and proforma defendant regarding agricultural land measuring 87 kanals 01 marla. Defendant no.1 – Sub Registrar, who had registered the said relinquishment deed, issued impugned notice (received by father of plaintiffs on 18.12.2006) requiring the plaintiffs and proforma defendant no.3 to make good the deficiency of stamp duty on the relinquishment deed to the extent of Rs.40,850/-.

4. Plaintiffs (respondents no.1 and 2 herein) challenged the aforesaid demand notice. It was alleged that Sub Registrar – defendant no.1 has no jurisdiction to issue the aforesaid notice under Section 47-A of the Indian Stamp Act, 1899 (in short – the Act). It was also pleaded that