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Hakim Ghulam Mohammed Vs. Dr. Zahoor Mohammad - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtRajasthan High Court
Decided On
Case NumberCivil Revn. No. 623 of 1968
Judge
Reported inAIR1970Raj171; 1969()WLN411
ActsCode of Civil Procedure (CPC) , 1908 - Sections 115; Registartion Act, 1908 - Sections 17(1); Stamp Act, 1899
AppellantHakim Ghulam Mohammed
RespondentDr. Zahoor Mohammad
Appellant Advocate P.N. Datt, Adv.
Respondent Advocate J.P. Jain, Adv.
DispositionPetition dismissed
Cases ReferredGopal Das v. Sakina Bibi
Excerpt:
.....limits or extinguishes whether in present or in future, is one hundred rupees and upwards, the deed is compulsorily registrable.;despite the fact that the value of the property has not been given in the deed it is compulsorily registrable. - - i am satisfied that the decision of the trial court on the question of valuation is correct. anant babaji, (1877-78] ilr 2 bom 353, in which it was observed at page 355- the circumstance that there is nothing in the terms of the registration acts to impose upon the courts the duty of instituting any inquiry, as to the actual value of an interest in immovable property affected by an unregistered instrument, previously to the admission of that instrument in evidence, and the many and great inconveniences and difficulties which would attend upon..........whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;..... 5. if the market value of the interest in immoveable property which it creates, declares, assigns, limits or extinguishes whether in present or in future, is one hundred rupees and upwards, the deed is compulsorily registrable.6. the same view was taken by the lahore high court in gopal das v. sakina bibi, air 1936 lah 307.7. i accordingly hold that despite the fact that the value of the property has not been given in the deed it is compulsorily registrable.8. the revision application is accordingly dismissed with costs.
Judgment:
ORDER

Jagat Narayan, J.

1. This is a revision application by the defendant against an order of the Additional Munsif No. 1, Jaipur City holding that the agreement dated 12-12-49 is compulsorily registrable. I have heard the learned counsel for the parties and have perused the evidence on record. I am satisfied that the decision of the trial Court on the question of valuation is correct.

The agreement relates to two passages one running north and south and the other running east and west. The passages running to the north and the south and to the east and west leading to a latrine formerly belonged exclusively to the plaintiff. Under the agreement the northern portion of the passage was given to the defendant and the southern to the plaintiff and the roof of the southern passage was made joint. The valuation of the portion of the property the ownership of which was transferred under this agreement is more than Rs. 100. The defendant examined Shri Bhanwarlal, as an expert and he valued the passage running north and south at Rs. 91. This valuation did not include the value of the passage running towards east and west. Nor did it include the value of the roof. The most important omission was the value of the space. There can thus be no doubt that under this agreement interest in immovable property worth Rs. 100 was transferred. This is compulsorily registrable.

2. The next contention is that the agreement can be used for collateral purposes. This contention was not raised before the trial Court. Nor was it raised in the grounds of revision and cannot be raised here.

Lastly, it is contended that unless the value of the property is shown in the document it cannot be held to be compulsorily registrable. Reliance was placed on Nana Bin Lakshman v. Anant Babaji, (1877-78] ILR 2 Bom 353, in which it was observed at page 355-

'The circumstance that there is nothing in the terms of the Registration Acts to impose upon the Courts the duty of instituting any inquiry, as to the actual value of an interest in immovable property affected by an unregistered instrument, previously to the admission of that instrument in evidence, and the many and great inconveniences and difficulties which would attend upon such an inquiry, are clearly pointed out in the judgments of Ainslie and Loch JJ., in the first mentioned of those cases. There is nought in those Acts to suggest that there should be one mode of ascertaining the value in the case of deeds of sale, and another for testing the value in the case of a deed of mortgage, or of rent charge, or of annuity, or creating or conveying any other minor interest in, or charge or incumbrance upon, immovable property. We do not know any good reason for making such a distinction, and can perceive many for refraining from its introduction. If the necessity for registration of a mortgage is to be ascertained, not by the consideration given by the mortgagee for it, but by the actual value of the transaction to the mortgagee, the test would, at the time of making the contract and when tie parties would most need to know whether the mortgage must be registered, be wholly impracticable if the interest, or profits in lieu of interest, receivable by the mortgagee is to form one of the elements of value.'

The above observations were made in reference to a mortgage deed where the question for decision was whether the value of the right, title or interest created by a mortgage should be estimated by the amount of the principal money thereby secured. From these observations it cannot be inferred that a transfer of immovable property of the value of Rs. 100 or above can be effected by an unregistered instrument if the value of the property is shown in the instrument as being less than Rs. 100 or if the value is not given at all in the deed.

3. In the Registration Act No. 16 of 1864 there was a provision that for the purposes of registration the value of the interest created in immovable property by a deed should be ascertained with regard to the stamp law. This provision was taken away by the Legislature when Act No. 16 of 1864 was repealed. There is no similar provision contained in the present Registration Act. It has no doubt been held under the Stamp Act that if the value of the property is not shown in a sale deed the registering authority or the Court has no authority to hold an inquiry into its true market value -- see In re Md. Muzaffar Ali, AIR1922 An 82 (2) (FB), Miran Baksh v. Emperor, AIR 1945 Lah 69 (SB), Board of Revenue v. Venkatarama Ayyar, AIR 1950 Mad 738 (FB) and Raja Ishwari Singh v. Raja Hari Singh, 1960 Raj LW 419.

4. The object of the Stamp Act however is only to collect revenue. The object of the Registration Act on the other hand is to prevent people being duped into purchasing property from a person who does not own it. There is thus public policy behind the Registration Act and the principles which govern the interpretation or the Stamp Act cannot be applied to the interpretation of the provisions of the Registration Act. In many of the articles under the Stamp Act it is provided that duty is chargeable on the value set forth in the instrument. There is no such provision in the Registration Act. Section 17(1)(b) under which the document in the present case is compulsorily registered runs as follows:--

'17. (1) The following documents shall be registered, if the property which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely :.....

(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;.....

5. If the market value of the interest in immoveable property which it creates, declares, assigns, limits or extinguishes whether in present or in future, is one hundred rupees and upwards, the deed is compulsorily registrable.

6. The same view was taken by the Lahore High Court in Gopal Das v. Sakina Bibi, AIR 1936 Lah 307.

7. I accordingly hold that despite the fact that the value of the property has not been given in the deed it is compulsorily registrable.

8. The revision application is accordingly dismissed with costs.


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