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JAMMU AND KASHMIR HIGH COURT
Sethi, Rizvi, JJ
Ghulam Mohd. and Others v. Registrar of Registration and Others
| Table of Content |
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| 1. challenges on conditions for registration based on payment. (Para 4 , 5 , 6) |
| 2. discussion on statutory obligations of registration authorities. (Para 8 , 10) |
| 3. execution admission does not require payment for registration. (Para 27 , 30) |
| 4. non-payment cannot affect public policy under registration law. (Para 31 , 32) |
1. Sethi J. has raised doubts about the correctness of the judgment in Haji Habib Ullah v. Registrar reported in 1976 J and K LR 430. In the said authority S.35 of the Registration Act does not seem to have been considered which, according to the learned Judge making the reference, would require re - consideration of the said authority.
2. Mian Jalal - ud - Din J. as his Lordship then was, has held that payment of outstanding consideration is not a condition for admitting a document to registration, if the execution of the document is proved.
3. To understand the ambit and scope of the points raised in the reference, which fall for our consideration, it is necessary to give a brief resume' of the facts of the case out of which the reference has arisen.
4. Respondents 3 to 5 herein are the executants of a sale deed dated 29-7-1982 executed by them for c
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