1 WP 9367/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9367 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.A. Wale for the petitioner. CORAM : D.G. KARNIK, J. DATE : 9TH DECEMBER 2010 P.C. : 1. Heard. 2. The petition is directed against an order dated 1st September 2010 passed by the learned Civil Judge, Junior Division, Tasgaon, rejecting the petitioner’s application for impounding of an agreement of sale. 3. Learned counsel for the petitioner submitted that the agreement was not properly stamped and it was required to be stamped 2 WP 9367/10 under Article 25 of the Bombay Stamp Act. Since the agreement was improperly stamped, it was required to be impounded. 4. The petitioner has not annexed a copy of the agreement to the petition nor was it produced for my inspection when asked for. Ordinarily, an agreement for sale is required to be stamped under Article 5 of the Bombay Stamp Act. It is only in circumstances falling under Explanation-I to Article 25 of the Stamp Act that it would be required to be stamped as a conveyance. It was not shown that any of those circumstances exists. The agreement is registered. A duty is cast upon the Sub- Registrar to verify whether a document is properly stamped when the document is presented for registration. There is an presumption that all official acts have been properly done (illustration (e) to section 114 of the Evidence Act). Therefore, unless a contrary is proved, it would be required to be assumed 3 WP 9367/10 that the Sub-Registrar performed his duty and registered the document only after verifying that it was properly stamped. In the absence of any material to show that the document was not properly stamped, the trial Court committed no error in rejecting the application. There is no merit in the writ petition which is hereby rejected summarily. (D.G. KARNIK, J.)