AMRAWATI Vs. REGISTRAR/APAR COLLECTOR PRATAPGARH

JUDGEMENT

(1.) Heard Sri P.V. Chaudhary, Advocate, for petitioner, learned Standing Counsel for respondents-1 and 4 and Sri R.S. Tripathi, Advocate, for respondent-2.

(2.) The writ petition is directed against the order dated 25.05.2006 passed by Additional Collector, Pratapgarh in purported exercise of power under Section 72/73 of Registration Act, 1908 (hereinafter referred to as "Act, 1908") directing Sub-Registrar, Kunda, District Pratapgarh to register sale-deed dated 29.07.1988 said to have been executed by Sri Onkar Nath in favour of respondent-2.

(3.) It is contended that in case of refusal of registration by Sub-Registrar, appeal lies under Section 72 of Act, 1908 and limitation provided therein is only 30 days. In the present case, admittedly appeal was filed beyond the period of 30 days and for condonation of delay, an application under Section 5 of Indian Limitation Act, 1963 (hereinafter referred to as "Act, 1963") was also filed. Registrar condoned delay and thereafter passed order directing Sub-Registrar to register the document. Contention is that Registrar, while exercising appellate power under Section 72 of Act, 1908, is not a Court and, therefore, provisions of Act, 1963 are not applicable and, therefore, impugned order is patently without jurisdiction.