DHARAM RAJ Vs. DISTT. REGISTRAR GONDA

JUDGEMENT

(1.) Heard Sri Mohammad Arif Khan Senior Advocate assisted by Sri Mohammad Aslam Khan Advocate, the learned counsel for the petitioner, Sri S. K. Khare, the learned Standing Counsel appearing for the State and Sri Kapil Muni Dubey, the learned counsel for the contesting private opposite parties.

(2.) By means of the instant writ petition filed under Article 226 of the Constitution of India the petitioner has sought issuance of a writ in the nature of certiorari quashing the order dtd. 3/5/1993, passed by the District Registrar, whereby an order dtd. 15/3/1989, passed by the Sub-Registrar, Gonda has been set aside and the Sub-Registrar has been directed to register an agreement dtd. 15/11/1988 executed by the opposite party no.2-Radha Mohan, in favour of deceased opposite party no.3-Ladla agreeing to sell a piece of land bearing Gata No.107/1-78 and 2-00 acre out of Gata No.195/3-00 which was presented for registration on 15/11/1988.

(3.) Briefly stated, facts of the case are that the opposite party no.2 was the Bhumidhar of Plot No.195 area 2.16 acres, Plot No.107 area 1.78 acres, Plot No.195 area 3.00 acres and Plot No.47-Dha area 0.40 acres, situated in Village Amdohwa, Pargana, Tehsil and District Gonda. On 7/3/1989 he executed a sale deed in respect of Plot No.107 in favour of the petitioner no.1 and on 31/3/1989 he executed another sale deed in respect of 0.40 acre land out of Plot No.195 in favour of the petitioner no.2. On 13/11/1990 he executed yet another sale deed in respect of Plot No. 195 and 47-Dha in favour of the petitioner nos.3 to 5. Meanwhile, on 9/3/1989, the opposite party no.3 and 4 presented an agreement dtd. 15/11/1988 executed by the opposite party no.2 in their favour agreeing to sell Plot Nos.107 and 195, for being registered under Sec. 36 of the Registration Act. The Sub-Registrar issued notice to the opposite party no.2.