CAPTAIN DR R BELLIE Vs. SUB REGISTAR SULUR

JUDGEMENT

(1.) W. P. No. 25407/05 was preferred by the appellants, Capt. Dr. R. Bellie and another for a direction on the respondents to register the pending document nos. 120/04 and 121/04, both dated 28-4-2004 and, consequently, hand over the same to the appellants/writ petitioners. In the said case, learned counsel for the appellants referred to a judgment rendered by the Supreme Court in the case of State of Rajasthan v. Basant Nahata, 2005 (4) CTC 606 : (AIR 2005 SC 3401), and a judgment rendered by this Court in W. A. No. 1923/05. Learned single Judge, by the impugned order dated 22-9-2006 passed in W. P. No. 25407/2005, without giving any finding on merit, directed the respondents to pass appropriate order.

(2.) IN the present Appeal, the main ground taken by the appellant is that the learned single Judge has failed to take into consideration that even before the appellant purchased the property, the title deeds to the property pertain to the years 1983 and 1969 respectively and the said sale deeds were registered by the very same respondents and, thereby, there was no ground to refuse registration or to keep the documents pending.

(3.) WHEN the case was taken up, learned counsel for the appellant submited that similar provision like section 22-A of the Registration Act, 1908 as amended vide Registration (Tamil Nadu Amendment) Act, 1994 has been held to be ultra vires by the Supreme Court in the case of State of Rajasthan v. Basant Nahata, 2005 (4) CTC 606 : (AIR 2005 SC 3401) and G. O. Ms. No. 150, Commercial Taxes, dated 22-9-2000 issued in exercise of power conferred by sub-section (1) of Section 22-A has also been held to be illegal and quashed by a learned single judge of this Court vide judgment dated 20-3-2006 passed in W. P. No. 7237/2006.