Law: Constitution of Pakistan, 1973

Section: 199

Law: Registration Rules, 1929

Section: 137

Punjab Registration Rules, 1929--- ----R.137---Constitution of Pakistan, Art.199---Constitutional petition---Registration of sale-deed---Sale-deed submitted by, the petitioner before Sub-Registrar for registration of the same was not registered due to the reason that Capital Value Tax at the rate of 2% was not paid by the petitioner, which was leviable with effect from 1-7-2006---Validity---Sale-deed in question was presented by the petitioner for registration prior to target date 1-7-2006, but same was deferred on the ground that it was not supported by any documentary proof of ownership of seller as required under R.137 of Punjab Registration Rules, 1929---Sale­deed was complete in all respect and the only delay in registration of the same was the cause of applicability of Capital Value Tax, which could not be attributed to the petitioner---Petitioner could not be required to pay Capital Value Tax on the registration of her sale-deed as she had presented same for registration prior to the imposition of said tax---Respondents were directed to register the sale-deed of the petitioner without levy of Capital Value Tax. ORDER SH. AHMAD FAROOQ, J.---Through the instant petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for passing a direction to respondent No.2 for registration of her sale deed without imposing Capital Value Tax at the rate of 2% and Rs.10 per square feet of the area constructed, in pursuance to notification dated 28-6-2010, which came into effect from 1-7-2010. 2. Brief facts of the case in hand are that the present petitioner purchased a plot measuring 14 marlas and for registration of the sale-deed reduced the sale document into writing. Thereafter, on application made by the petitioner to the Sub-Registrar, a Local Commission was appointed. The Local Commission got the signatures and thumb-impressions of both the parties on the sale-deed and submitted the same before the Sub-Registrar for registration -on 29-6-2010. After some times, when the petitioner approached the Sub-Registrar to know the status of the sale-deed, she came to know that the same is not being registered due to the…

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