A MOHAN RAO Vs. SUB REGISTRAR

JUDGEMENT

(1.) The petitioner intended to purchase an item of immovable property bearing No. 8-8-466 (old) and 8-20 (new) at Gandhi Road, Chittoor. A sale deed executed in his favour on 16.03.2012 by the owners of the property was presented for registration before the 1st respondent. The document was assigned a pending number and registration thereof was deferred. The petitioner states that the 1st respondent deferred the registration of the document on the basis of a communication received from the Commercial Tax Officer-I, the 3rd respondent herein. According to him, the 3rd respondent intended to proceed against the properties of M/s Rayalaseema Jute Mills, Chittoor for recovery of arrears of sales tax and that at one stage, he passed an order of attachment against property bearing No. 18-1-205, High Road, Chittoor. He contends that no order of attachment was passed against the properties sought to be purchased by him and that the action of the 1st respondent in refusing to register the document is untenable. The 1st respondent filed a detailed counter-affidavit. He submits that he received a specific communication from the 3rd respondent on 27.01.2012 to the effect that the premises that is sought to be purchased by the petitioner is being demolished by the legal heirs, on the death of the owner thereof and since the deceased owner was the Managing Director of M/s Rayalaseema Jute Mills Limited, the registration of documents in relation to the said property be refused. He has also filed the copies of some documents.

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for Respondents 1 and 2.

(3.) The registering officer is under obligation to process the documents presented before him, if the requirements as to payment of stamp duty and registration charges are complied with. It is no part of his duty to verify the title of the vendor or the capacity of the purchaser. Where, however, specific prohibition against registration exists, be it in the form of order passed by the competent Court or a provision of law, the registration can certainly be refused. For instance, Section 22-A of the Registration Act, as amended through Act 19 of 2007, prohibits registration of documents pertaining to the properties owned by the government, assigned lands or the properties owned by the religious institutions. Registration of documents in respect of such properties can certainly be refused. Further, if a Court of law passes an order of injunction prohibiting alienation of an item of property, registration of documents in relation to such property becomes untenable.