HIRALAL AGRAWAL Vs. RAMPADARATH SINGH

JUDGEMENT

(1.) These three appeals, by special leave, raise common questions and are, therefore, disposed of by a common judgment. The facts in Civil Appeal No. 1244 of 1968 being typical, we need set out them only so that the rival contentions of the parties on those questions may be properly appreciated.

(2.) By a deed of sale dated October 9, 1984, one Prembati Devi sold 2.62 acres of land to respondent 1 for Rupees 2,000. The said deed was thereafter presented to the Sub-Registrar for registration. On October 14, 1964, the appellant applied for a certified copy of the said sale deed and on its being furnished to him he filed an application dated November 26, 1964 under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, XII of 1962 before the Collector. He annexed to his application the said copy of the sale deed and a copy of the challan evidencing his having deposited the sale price of Rs. 2,000 and an additional sum of 10 per cent thereof as required by the proviso to Section 16 (3) (i) and Rule 19 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963. On November 30, 1964, the Registrar completed registration by endorsing his certificate on the said sale deed under Section 60 (1) and copying out the endorsement and the certificate in the relevant register under Section 61 (1) of the Registration Act, 1908. The appellant had in his said application claimed to be entitled as a co-sharer to the right of re-conveyance of the said land under Section 16 (3) of the Act. On November 30, 1964, the Collector, on being satisfied that the application was proper, ordered possession to be given to the appellant under Section 16 (3) (ii) pending its disposal.

(3.) It is not in dispute that registration was completed on November 30, 1964, i. e., four days after the appellant had handed over his application and that though the certified copy furnished by him was not that of the registered deed, it was a correct copy of the sale deed presented for registration. On October 16, 1964, the Collector passed his order holding that the appellant was the cosharer of the vendor and was entitled to the right of reconveyance. He, therefore, directed the transferee, respondent 1, to reconvey the said land in appellant's favour. No objection was taken before the Collector that the said application was not maintainable as registration was not completed when the appellant filed it or on the ground that only a certified copy of the sale deed and not of the registered deed had been annexed to it. This contention was raised for the first time in appeal before the Commissioner who rejected it holding that in view of the admitted fact that registration was completed on November 30, 1964 the said proceedings before the Collector and his said order were not invalidated. The Commissioner consequently upheld the said order. In appeal before the Board of Revenue, the Board held that when the appellant presented his application on November 26, 1964, the transfer as contemplated by Section 16 was not completed and, therefore, its presentation by the appellant was not valid inasmuch as it was not in accordance with Rule 19 (2) of the said Rules. The reason given by the Board was that the rule required a copy of the registered deed and not a mere copy of the sale deed. On this ground the Board set aside the Collector's order and dismissed the appellants application.