Court-issued sale certificate is not compulsorily registrable; statutory filing under the Registration Act provides the necessary effect.

A sale certificate issued under section 316 of the Code of Civil Procedure, 1877 is not compulsorily registrable under section 17 of the Registration Act, 1877. The certificate is an act of the Court, not a private instrument, and the Registration Act provides a separate mechanism in section 89 by requiring the Court to send a copy to the registering officer for filing in Book No. 1. That statutory scheme gives the certificate the publicity and preservation ordinarily achieved by registration, and the ordinary registration process for executed private documents does not apply.

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Issues: Whether a sale certificate granted under section 316 of the Code of Civil Procedure, 1877 is an instrument compulsorily registrable under section 17 of the Registration Act, 1877.

Analysis: The sale certificate is an act of the Court and not an instrument brought into existence by private parties. The Registration Act itself provides a special procedure under section 89, requiring the Court to send a copy of the certificate to the registering officer, who must file it in Book No. 1, thereby securing the publicity and preservation ordinarily achieved by registration. The provisions of the Registration Act dealing with execution, inquiry before registration, endorsement, and refusal to register do not fit a sale certificate, and the statutory scheme indicates that the required registration-like effect is accomplished through the Court rather than by a second registration at the instance of the purchaser.

Conclusion: A sale certificate under section 316 of the Code of Civil Procedure, 1877 is not compulsorily registrable under section 17 of the Registration Act, 1877.

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