Members, While trying to register the "Memorandum of Deposit of Title Deeds", Sub-Registrar, Bijnor refused to register and record the endorsement on instrument together with Book NO. 2 as per section 71 of Registration Act, 1908. The reason he detailed in book no. 2 for doing so is the insufficient stamp duty.
Scope of Section 77 is very limited where the Sub-Registrar or Registrar can be forced to register the instrument only by way of institution of suit in civil court but civil courts cannot opine on the sufficiency of stamp duty.
Can one invoke to High Court of Judiciature under article 227 of Constitution of India.
Any judgements please.
thanks in advance
