135. Registrar may be summoned for refusal to register
Feedback & supportIf upon the application of any person to have land brought under the provisions of this Act, or to have any instrument registered or notified, or to have any certificate of title or other instrument issued, or to have performed or done by the Registrar any act or duty which by this Act is prescribed to be performed or done by him, the Registrar refuses to comply therewith, or if that person is dissatisfied with any requisition made or direction given by the Registrar which the Registrar refuses to withdraw, the person may require the Registrar to set forth in writing under his hand the grounds of his refusal and may, if he thinks fit, summon the Registrar to appear before the Court to substantiate and uphold the grounds of his refusal.
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
Such a summons shall be issued under the hand of a Judge of the Court and served upon the Registrar at least 6 clear days before the day appointed for hearing the complaint of that person, and at the hearing, counsel for the Registrar has the right of reply.
The Court may, if any question of fact is involved, direct an issue to be tried to decide that fact, and the Court shall make such order in the circumstances as the case may require, and the Registrar shall obey that order.
order
“order” means an order of the Court, and includes a rule and a decree;
Upon any summons or proceeding under this section, the Court may make such order as to costs and expenses as it thinks just, and any costs or expenses to be paid by the Registrar shall be paid out of the assurance fund.[131
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.