VEERA WATI Vs. DISTT RAGISTRAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY means of this writ petition, petitioner has challenged the order dated 03.08.2000, passed by the appellate authority under Section 73 of the Registration Act, 1908 (for short 'the Act') and the order dated 02.11.2001, by which, the restoration application of petitioner has been rejected. The consequential action taken in pursuance of the aforesaid order dated 03.08.2000 has also been challenged.

(3.) AS per the claim of contesting respondents no. 3 to 5, a sale deed was allegedly executed by the petitioner in their favour on 09.12.1999 in respect of half share in plot no. 115, measuring about 1 bigha and 10 biswas, situated in village Mohsanpur, for a sale consideration of Rs. 74,000/ -, out of which, a sum of Rs. 70,000/ -, was paid to her and the remaining amount of Rs. 4,000/ -, was to be paid at the time of registration. As the petitioner declined and did not turn up to register the sale deed, the contesting respondents filed an application under Section 32 of the Act before the Sub Registrar for summoning the petitioner and getting the sale deed registered. The petitioner appeared before the Sub Registrar and filed objection dated 19.02.2000 denying execution of any sale deed by her in favour of the contesting respondents. The Sub Registrar refused to exercise powers conferred on him under Section 35 (3) of the Act, vide his order dated 25.02.2000, in view of the denial of petitioner.