LAWS(MEGH)-2022-11-8

VIRGINIA KHONGWIR Vs. STATE OF MEGHALAYA

Decided On November 03, 2022
Virginia Khongwir Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) The petitioner being aggrieved with the rejection for registration of a Sale Deed dtd. 11/10/2016, in respect of a plot of land situated at Lynti Sohlwai, Kutmadan, Sohra Syiemship, East Khasi Hills District, by order dtd. 1/4/2021, passed by the Sub Registrar, accordingly preferred an appeal under Sec. 72 of the Indian Registration Act, 1908, before the Registrar/Appellate Authority. However, the said Appellate Authority by a cryptic order dtd. 30/11/2021, disposed of the appeal, without going into the merits by a non-speaking order. The petitioner being aggrieved thereby, is before this Court by way of this instant writ application.

(2.) Ms. R. Kharmawlong, learned counsel vice Mr. K. Paul, learned Senior counsel for the petitioner submits that the order passed by the Appellate Authority, has not addressed the appeal in a correct perspective and has left the writ petitioner, remedy less. As such, she prays that the impugned order be set aside, including the rejection order dtd. 1/4/2021 and the respondents be directed to register the said documents.

(3.) Ms. S. Bhattacharjee, learned GA for the State respondents has relied upon the affidavit filed on behalf of the concerned respondents, and submits that, as there is a serious dispute, over the ownership of the land, the said application was rejected. She submits that the petitioners, therefore, have to give proof of clear title, before the respondents can take any steps.