J.S.VERMA, M.L.MALIK, FAIZAN UDDIN
SITARAM – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
( 1 ) THIS is a reference under Sub-section (1) of Section 57 of the Indian Stamp act, 1899 (Act No. 2 of 1899) (hereinafter referred to as the Act) having been made by a learned Member of the M. P. Board of Revenue, Gwalior, as the Chief controlling Revenue Authority, in consequence of a Revenue Revision No. 13211/77 against an order dated 28-1-1977 passed by the Sub-Divisional Officer and Collector of Stamps, Burhanpur, in Revenue Case No. 5-B-103/73-74. The short question as contained in paragraph 6 of the order of reference of the learned Member, Board of Revenue and referred to this Bench for its opinion is as follows; --
"whether in respect of instruments, which were registered prior to the coming into force of the amendments in 1975, the Sub-Registrar is empowered to make a reference to the Collector of Stamps in regard to under-valuation, once such instrument has been registered. "
( 2 ) THE factual aspects of this case, which emerge out, giving rise to this reference, are that on 29-7-1974 applicants Nos. 1 to 7 named above, executed a sale-deed in respect of 4. 72 acres of land in favour of applicant No. 8 (Shripat) and another in favour of applicant No. 9 (
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