(1) If upon the
application of any owner or proprietor to have land brought under the
operation of this Act or to have any dealing or transmission registered or
recorded or to have any certificate of title foreclosure order or other
document created, registered or issued or to have any act or duty done or
performed which by this Act is required to be done or performed by the
Commissioner or Registrar either of them shall refuse so to do or if such
owner or proprietor shall be dissatisfied with the direction upon his
application given by the Commissioner it shall be lawful for such owner or
proprietor to require the Commissioner or Registrar to set forth in writing
under his hand the grounds of his refusal or the grounds upon which such
direction was given, and such owner or proprietor may if he think fit at his
own costs summon the Commissioner or Registrar as the case may be to appear
before the Supreme Court or a judge to substantiate and uphold the grounds of
his refusal or of such direction as aforesaid such summons to be issued under
the hand of a judge and to be served upon the Commissioner or Registrar 6
clear days at least before the day appointed for hearing the complaint of such
owner or proprietor.
(2) Upon such hearing
the Commissioner or Registrar or his counsel shall have the right of reply;
and the said court or a judge may if any question of fact be involved direct
an issue to be tried to decide such fact; and thereafter the said court or a
judge shall make such order in the premises as the circumstances of the case
may require; and the Commissioner or Registrar shall obey such order.
(3) All expenses
attendant upon any such proceedings shall be borne and paid by the applicant
or other person preferring such complaint unless the court or a judge shall
certify that there was no reasonable ground for such refusal or direction as
aforesaid.
[Section 203 amended: No. 17 of 1950 s. 56; No. 81
of 1996 s. 121; No. 19 of 2010 s. 51.]