N M RAMACHANDRAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners have sought in this writ petitions quashing of the order passed by the Deputy Registrar of Mysore district, directing registration of the sale deed and also for cancelling the sale deed dated 5-10-2000, which was registered in pursuance of the directions issued by the second respondent. The facts in brief are as under :

(2.) THE petitioner N. M. Ramachandraiah is the absolute owner of the premises called chamundeshwari Krupa, Budda Marg, siddartha Nagar, Mysore. After purchase of the vacant site, he put up construction consisting of ground and first floor. He is in occupation of the ground floor and has let out the first floor to a tenant. He had borrowed money from the Corporation Bank for, construction of the house and as security he has created equitable mortgage in favour of the bank by depositing the title deeds. It is his specific case that the 4th respondent is unknown to him and there was no necessity for him to sell the property to the 4th respondent. The 4th respondent in collusion with his younger brother Karigowda, has created the sale deed on stamp paper worth Rs. 200-00. The said sale deed bears the signature of the petitioner on every page and the document contains four pages. It also contains the recital to the effect that on receipt of Rs. 20 lakhs, the petitioners have executed the sale deed in favour of the 4th respondent and that possession has been delivered to him on the date of the document. However, the petitioner did not get the sale deed registered. Therefore, the 4th respondent got a notice issued on 25-11-2000 calling upon the petitioner to get the sale deed registered, which was duly served on them. However, they neither sent any reply nor complied with the demand made therein. Therefore, the 4th respondent presented the said document for registration on 22-1-2001 at about 3. 25 pm and paid a stamp duty of Rs. 2,30,000. 00. As the petitioners did not appear before the Sub-Registrar, he issued a notice dated 28-2-2001 to the petitioners, to appears before him to admit or deny the execution of the sale deed. In reply thereto, on 12-3-2001 the petitioners denied the execution of the sale deed and refused to appear before him in pursuance to the notice. Therefore, the sub-registrar, refused to register the document as per Sections 35 and 71 of the registration Act for short hereinafter referred as "the Act" and Rule 171 of the Karnataka registration Rules on 10-10-2001, for short hereinafter referred to as the "rules".

(3.) AGGRIEVED by the same, the 4th respondent preferred an appeal to the district Registrar under Section 73 of the Act. The Registrar issued notice to both the parties. Petitioners appeared before him and filed statement of objections and opposed very admission of the appeal. Overruling the objections, the registrar admitted the appeal. Aggrieved by the said order, the petitioner preferred W. P. No. 17207/02 before this Court. The writ petition was rejected by an order dated 19-3-2002 leaving open all the contentions raised by the parties to be decided by the District registrar. Thereafter the District Registrar recorded the evidence of the first petitioner and the 4th respondent and on appreciation of the evidence on record, by order dated 31-10-2005 as per Annexure-J, held that petitioners have admitted the signatures on the sale deed and the same coupled with other material on record, proved due execution of the sale deed. He directed the Sub-Registrar to register the document. In pursuance of the said order passed, the 4th respondent presented the document before the Sub-Registrar for registration and accordingly, the Sub-Registrar has registered the document. Therefore, aggrieved by the said order, this petition is filed.