RAKESH KUMAR Vs. SUB

JUDGEMENT

(1.) Heard Sri L.P. Naithani, Sr. Advocate, assisted by Sri Ramji Srivastava, learned counsel for the petitioner, Sri Lok Pal Singh, learned counsel for the respondents no. 2 and 3 and learned Standing Counsel for respondents no. 1, 4 and 5.

(2.) By the present writ petitions, the petitioners have prayed for a writ of certiorari quashing the order dated 25th Aug., 2005 (Annexure 12 to the writ petition) passed by the SubRegistrar, Dehradun respondent no. 1 as well as the Registration of Sale Deed dated 24th Aug., 2005 (Annexure 11 to the writ petition).

(3.) Briefly stated the plaintiffs/respondent no. 2 and 3 filed an original suit no. 257 of 1994 Indresh Kumar and another Vs. Rakesh Kumar and another before the Civil Judge, Dehradun for specific performance. The said suit was decreed vide judgment and order dated 13/7/2001. Thereafter respondent no. 2 filed execution case No. 19 of 2001 Indresh Kumar Vs. Rakesh Kumar in which the petitioners have filed objection under section 47 of the Code of Civil Procedure and a Misc. Case No. 23 of 2004 Rakesh Kumar Vs. Indresh Kumar and another was registered. The executing Court rejected the objection of the petitioners vide order dated 6.10.2004 on the ground that the objection of the petitioners with regard to section 52 of the Transfer of Property Act is not maintainable. According to the petitioners the order dated 6.10.2004 has to abide with clause 154 (4) as amended in Uttaranchal State in Z.A. & L.R. Act. According to the said amendment any registered agreement prior to 12.09.2003 shall be valid and operative if the agreement is executed before 31.3.2004 or the extended period of 31.3.2005. According to the amendment all registered agreement shall be treated as void and unenforceable, if they did not comply with the provisions of section 154 (4) of Z.A. Act as amended in State of Uttaranchal. Subsequently, the petitioner filed another objection under section 47 C.P.C. in execution case No. 19 of 2001 Indresh Kumar and another Vs. Rakesh Kumar before the Executing Court, inter alia on the ground that in view of the Uttaranchal amendment in Uttar Paredsh Zamindari Abolition and Land Reform Act 1952 the decree is void and the same cannot be made executable because of legal impediment. On the basis of objection of the petitioner, a Misc. Case No. 39 of 2004 Rakesh Kumar Vs. Indresh Kumar and another was registered.