Law: Registration Act, 1908

Section: XVI,35(1)

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: VIII,44

(a)    Registration Act (XVI of 1908)--- ----S. 35(1)---Document presented for registration---Denial of execution--Registering Officer---Powers---Petitioner (principal qua Power of Attorney)sought annulment of the orders of Sub-Registrar and Registrar refusing registration of deed of cancellation of power of attorney ("ABTAL NAMA")--Held: As per plain language of the S.35(1) of the Registration Act, 1908, the registering officer shall register the document so presented for registration and all the persons executing the document have to appear personally before the registering officer in a sense to endorse the said document---In such eventuality, the registering officer is left with no other choice---Denial of execution of the document on part of alleged executant or executants is the only eventuality which can lead to denial qua registering a document on part of the registering officer---Although phrase denial of execution is not defined in law, however, refusal to admit execution ipso facto amounts to denial within the meaning of the Registration Act, 1908---Imperfectness of title qua execution of the document so presented is of no concern for the registering authority---Reasons for refusal qua registering a document are required to be disclosed in specific manner and should match the eventualities provided in the law---High Court setaside the orders passed by the Sub Registrar and Registrar, and application qua registering the document (Abtal-Nama) would be deemed to be pending before the registering officer, who shall take up and dispose of the matter as per law--Constitutional petition was allowed accordingly. Janki Devi v. Dharam Nath Parsad AIR 1984 Pat 149 (1984 BLJ 247) and Bihar Deed Writers Association v. State of Bihar AIR 1989 Pat 144 ref. (b)    Registration Act (XVI of 1908)--- ----S. 35(1)---Document presented for registration---Denial of execution--Registering Officer---Powers---Petitioner (principal qua Power of Attorney) sought annulment of the orders of Sub-Registrar and Registrar refusing registration of deed of cancellation of power of attorney ("ABTAL NAMA")--Held: The order passed by the…