AIR 1980 SIKKIM 1

Sikkim High Court

Hon'ble Judge(s): Manmohan Singh Gujral , C.J. AND Anandamoy Bhattacharjee , J

(A) Transfer of Property Act (4 of 1882) , S.59— Applicability - Requirement as to registration of document - Section does not embody any rule of natural justice - Not applicable in Sikkim - Document relating to sale, mortgage etc. of immovable property however, requires registration according to rules in force in Sikkim. The rules as contained in S.59 of the T.P. Act, compulsorily requiring mortgages of the value of one hundred rupees or upwards to be effected by referred and attested instrument cannot be regarded as embodiment of rules of equity and justice and as such cannot be invoked or applied where the T.P. Act does not apply ex proprio vigore. But though the provisions requiring compulsory registration of mortgage as contained in S.59 cannot be invoked in Sikkim, the rules in force in Sikkim relating to registration of documents require documents relating to sale, mortgage, etc. of immovable property to be compulsorily registered and reference in this connection should be made to the Notification No. 385/G dated 11-4-1928 and also to the "Rules Relating to Transfer of Immovable Property" dated 18-1-1950. Under the Indian Registration Act (1908), a document which is invalid for want of registration cannot be validated in Court on payment of any penalty as is allowed, barring few exceptions, in the case of unstamped or insufficiently stamped document u....