71. Reasons for refusal to register to be recorded.—(1) Every Sub-Registrar refusing to register
a document, except on the ground that the property to which it relates is not situate within his sub-district,
shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the
words “registration refused” on the document; and, on application made by any person executing or
claiming under the document, shall, without payment and unnecessary delay, give him a copy of the
reasons so recorded.
(2) No registering officer shall accept for registration a document so endorsed unless and until, under
the provisions hereinafter contained, the document is directed to be registered.
72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other
than denial of execution.—(1) Except where the refusal is made on the ground of denial of execution, an
appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether
the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar
is subordinate, if presented to such Registrar within thirty days from the date of the order; and the
Registrar may reverse or alter such order.
(2) If the order of the Registrar directs the document to be registered and the document is duly
presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey
the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections
58, 59 and 60; and such registration shall take effect as if the document had been registered when it was
first duly presented for registration.
73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of
execution.—(1) When a Sub-Registrar has refused to register a document on the ground that any person
by whom it purports to be executed, or his representative or assign, denies its execution, any person
claiming under such document, or his representative, assign or agent authorised as aforesaid, may, within
thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is
subordinate in order to establish his right to have the document registered.
(2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded
under section 71, and the statements in the application shall be verified by the applicant in manner
required by law for the verification of plaints.
74. Procedure of Registrar on such application.—In such case, and also where such denial as
aforesaid is made before a Registrar in respect of a document presented for registration to him, the
Registrar shall, as soon as conveniently may be, enquire.—
(a) whether the document has been executed;
(b) whether the requirements of the law for the time being in force have been complied with on
the part of the applicant or person presenting the document for registration, as the case may be, so as
to entitle the document to registration.
75. Order by Registrar to register and procedure thereon.—(1) If the Registrar finds that the
document has been executed and that the said requirements have been complied with, he shall order the
document to be registered.
(2) If the document is duly presented for registration within thirty days after the making of such order,
the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the
procedure prescribed in sections 58, 59 and 60.
(3) Such registration shall take effect as if the document had been registered when it was first duly
presented for registration.
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(4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the
attendance of witness, and compel them to give evidence, as if he were a Civil Court and he may also
direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall
be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908).
76. Order of refusal by Registrar.—(1) Every Registrar refusing—
(a) to register a document except on the ground that the property to which it relates is not situate
within his district or that the document ought to be registered in the office of a Sub-Registrar, or
(b) to direct the registration of a document under section 72 or section 75,
shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on application
made by any person executing or claiming under the document, shall, without unnecessary delay, give
him a copy of the reasons so recorded.
(2) No appeal lies from any order by a Registrar under this section or section 72.
77. Suit in case of order of refusal by Registrar.—(1) Where the Registrar refuses to order the
document to be registered, under section 72 or a decree section 76, any person claiming under such
document, or his representative, assign or agent, may, within thirty days after the making of the order of
refusal, institute in the Civil Court, within the local limits of whose original jurisdiction is situate the
office in which the document is sought to be registered, a suit for a decree directing the document to be
registered in such office if it be duly presented for registration within thirty days after the passing of such
decree.
(2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply
to all documents presented for registration in accordance with any such decree, and, notwithstanding
anything contained in this Act, the documents shall be receivable in evidence in such suit.