ANGANU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of the present writ petition, the petitioner is challenging the order passed by respondent no. 2 namely the District Registrar dated 5.8.2003 in appeal under Section 73 of the Registration Act, 1908.

(3.) It appears that a sale deed was presented by respondent nos. 3 and 4 before the Sub-Registrar, Mainpuri on 18.12.1998 allegedly executed by the petitioner. On presentation of the said document, notices were issued by the Sub-Registrar under section 36 of the Indian Registration Act, 1908 for summoning the executant. Three dates were fixed i.e. 5.3.1999, 19.3.1999 and 16.4.1999. For more than a period of four months from the alleged date of execution, the executant did not appear. As a result of it, the Sub Registrar refused to register the document. It was held that the executant had refused to get the document registered. An appeal under Section 73 of the Registration Act was filed by respondent nos. 3 and 4 alongwith delay condonation application under Section 5 of Indian Limitation Act. An objection was taken by the executant with regard to maintainability of the appeal and the application for condonation of delay in filing the appeal.