RADHA SWAMI SATSANG SABHA Vs. DISTRICT REGISTRAR AGRA

JUDGEMENT

(1.) BY this writ petition u/Article 226 of the Constitution the petitioners pray for quashing the order of the District Registrar, Agra dated 9-1-1978 and the order of the Sub-Registrar dated 31-8-1977 and for issue of a writ of mandamus directing the respondents to register the deed of assignment dated 20th August, 1977.

(2.) THE facts leading to this writ petition are these : THE Radhaswami Satsang Sabha, petitioner no. 1 (briefly the Sabha) owns some property (houses and a shop) situate in Jaganpur within the urban agg'omeration of Agra. This property was in occupation of one Chandra Bhan. THE Sabha filed suit no. 235 of 1968 in the court of Civil Judge, Agra, for recovery of possession over the said property after ejectment of Chandra Bhan. THE suit was decreed for the relief of possession and recovery of damages for use and occupation on 1-8-1974. THEreafter Smt. Asha Rani, petitioner no. 2, offered to purchase the said decree for a consideration of Rs. 6000/-, and a deed of assignment was executed on 20-8-1977. Tne Sub Registrar refused to register the deed of assignment unless the permission of the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 (briefly the Act) was obtained. Against this order of the Sub-Registrar, the present petitioners filed an appeal before the District Registrar Agra under section 72 of the Indian Registration Act. THE District Registrar also held that obtaining the permission of the Competent Authority under the provisions of the Act, was necessary.

(3.) A non-testamentary instrument transferring or assigning any decree of a court when such decree purports or operates to create any right, title or interest in immovable property, is compulsorily registrable under clause (e) of sub-section (1) of Section 17 of the Indian Registration Act. The decree obtained by the Sabha in suit no. 235 of 1968 on 1-8-1974 is a decree falling within the four corners of clause (e) and, therefore, it is compulsorily registerable. This legal position has not been disputed by the learned counsel for the petitioners