K.V.KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who claims to be the Auction Purchaser of an extent of property covered by Ext.P1 Sale Certificate, in an auction conducted by the 4th respondent ? Authorized Officer of the Indian Bank, has approached this Court seeking a direction to the 2 nd respondent ? Sub Registrar, to enter the details of the said Sale Certificate in Book No.1, maintained under the provisions of the Registration Act, 1908.

(2.) The petitioner says that, though Ext.P1 Sale Certificate was validly issued by the 4 th respondent, the same had not been forwarded by him to the Sub Registrar at the relevant time, thus constraining him to approach the 2nd respondent; but alleges that the said Authority is refusing to enter it in Book No.1, saying that the time frame for such purpose has elapsed. The petitioner, therefore, prays that the 2nd respondent be directed to enter the details of Ext.P1 Sale Certificate in Book No.1, within a time frame to be fixed by this Court.

(3.) Shri.S.Easwaran, learned Standing Counsel appearing for the 4th respondent ? Authorized Officer of the Indian Bank, controverted the afore submissions of Shri.Jamsheed Hafiz, learned counsel for the petitioner, saying that at the time when Ext.P1 Sale Certificate was issued, the law, as is stood then, mandated the auction purchaser to have approached the Sub Registrar with the requisite stamp paper, for its registration and consequential entry in Book No.1. He submitted that the petitioner, however, does not appear to have done so and therefore, that his remedy now will be to now approach the Bank again and get the Sale Certificate revalidated, so he can then present it before the 2 nd respondent for necessary action.