SANKATHA PRASAD Vs. STATE

JUDGEMENT

(1.) Heard learned Counsel for the petitioner.

(2.) The respondent No. 4, Chandra Shekhar claims to have purchased the property from the petitioner and furnished the sale-deed to be presented before the Sub-Registrar, Tehsil Machhlishahar, District Jaunpur. The Sub-Registrar issued notice to the petitioner calling upon him to present himself for the execution of the said document but the petitioner abstained from appearing before him. The Sub-Registrar on account of such abstention passed an order on 12th April, 2001 refusing to register the document as the executor had failed to attend his office within four months from the date of execution of the document. The said order is on record as Annexure-1 to the writ petition.

(3.) The respondent No. 4 feeling aggrieved moved an application purporting to be under section 73 of the Registration Act, 1908 on 17th April, 2001, which was within the time prescribed. Later on he sought amendment in the application making a request that the same should be treated to be an appeal under section 72 of the Act as the petitioner had not denied the execution but had simply abstained from appearing before the Sub-Registrar. Upon which, the impugned order dated 9th August, 2011 was passed registering the said case under section 72 of the Act reciting therein that the same is not time barred. A further recital contained therein is that the petitioner has deliberately abstained from the proceedings as a result whereof the matter could not be disposed of, hence it was directed to be taken up on 25.8.2011.