page 8 of part II
defective certificate and to that extent it amounts to deficiency in service by the concerned officers.
Next, we have to find out whether the issuance of encumbrance certificate is a service rendered by the statutory authority by charging any fee and the other procedure prescribed under the Rules.
For this, Rule 127 of Chapter 19 provides for filing of application to the Registering officer for an inspection, a search or a copy. It also provides that an emergent application shall be made before 12 noon in writing with double the normal rates of fees to get the certified copy or encumbrance certificate on the next working day. This would mean that prescribed fees under the Rules is required to be paid for getting encumbrance certificate.
Further, the Rule provides that search could be carried out for encumbrances and for that fees are required to be paid in advance.In addition, the Registration Rule specifically prescribes what type of precaution should be taken for search and it imposes a duty on the concerned officers. Further search is required to be carried out in the presence of the Registering Officer and the copy of entry cannot be made