Leela Dhundiraj Divekar v. E. C. Shinde Sub-Registrar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1970 Supreme(Online)(Bom) 5

BOMBAY HIGH COURT
, J
Leela Dhundiraj Divekar v. E. C. Shinde Sub-Registrar

Advocates:
For the Appellants/Petitioners: Mr. Zaiwala
For the Respondents: Mr. Bharucha

Table of Content
1. suit filed for deed registration on behalf of estate heir. (Para 1 , 2 , 3)
2. dispute over applicable registration fees and jurisdiction raised. (Para 4 , 5)
3. court affirms exclusive jurisdiction of high court under special law. (Para 6 , 7 , 8 , 9)
4. court defines deed’s nature as a release despite terminological discrepancies. (Para 10 , 11 , 12 , 13)
5. final judgment dismissing the suit with costs. (Para 14)

1. This is a suit filed by one of the executants of a document under S.77 of the Indian Registration Act , 1908, for a decree directing the Defendants, who are the appropriate registering authorities, to register the document in question within 30 days from the date of the passing of the decree in this suit.

2. The short facts necessary for the purpose of this suit are that the plaintiff is the administratrix of the estate of one Dhundiraj Balwant Divekar who died intestate in Bombay on the 10th of October 1962, leaving him surviving as his only heirs according to the Hindu Succession Act, 1956, his widow the Plaintiff herself and two sons, one named Suresh, and the other a minor named Bakul. The Plaintiff obtained a grant of Letters of Administration to t