JAGADISHGOUDA Vs. VYAVASAYA SEVA SAHAKARI SANGHA LIMITED

JUDGEMENT

(1.) LANDS bearing Sy. Nos. 60/2 and 61 situated in Chowdapur village in Bagalkot District belonged to the family of respondents 3 and 4. Respondent-5, who is an unlicensed money lender, lent Rs. 25,000-00, got executed two sale deeds in his name and in the name of his daughter (respondent No. 6) on 20-10-1982 and 4-3-1982 towards security of the loan. The documents were presented before the 2nd respondent Sub-Registrar for registration. The Sub-Registrar issued notices to respondents 5 and 6 vide Annexures-A and B stating that the market value indicated in the sale deeds do not reflect the current market value and calling upon them to show cause as to why the deficit stamp duty should not be collected. Ultimately, those notices became the subject-matter in W. P. Nos. 5046 and 5047/86 filed by respondents 5 and 6 seeking to quash them. By an order dated 11-11-1993 the said notices were quashed and matter was remanded for fresh consideration. The father of respondents 3 and 4 challenged the said order in W. A. Nos. 1515 and 1516/94. The writ appeals were dismissed on 21-10-1997 reserving liberty to avail the remedies available under law. Thereafter, the sale deeds were registered by the Sub-Registrar in the year 1998.

(2.) IN the meantime, it is pertinent to note that there was encumbrance on the properties in favour of the first respondent society. The society brought the properties for sale by issuing sale proclamation to recover its dues. Respondents 5 and 6 filed suit in O. S. No. 9/93 seeking a declaration that the first respondent society and its officers have no right, title or interest to deal with the properties in question. The said suit was dismissed for default on 10-2-1994. Misc. No. 10/94 filed for restoration of the suit also came to be dismissed on 3-4-1998.

(3.) THE present writ petitions are filed seeking to quash the endorsement made by the 2nd respondent on Annexure-E dated 28-4-1998 submitted by the petitioners not to register the sale deeds in favour of respondents 3 and 4. The endorsement made is that it is not possible to stop registration of the documents received for registration as per Rule 145 of the Karnataka Registration Rules, 1965 in view of the order of this Court dated 21-10-1998 and on account of vacation of the interim order by the Civil Court. A further prayer is made to declare the registration of sale deeds dated 4-3-82 and 20-10-1982 registered by the 2nd respondent as illegal and to quash them.