R NARASIMHA REDDY Vs. DIST REGISTRAR, STAMPS, HYD

JUDGEMENT

(1.) THE petitioner is the same in these writ petitions. He is aggrieved by the action of the Sub -Registrar, Red Hills, Hyderabad, in registering documents presented by the third respondent for registration on the ground that his name and signatures/thumb prints have been shown in the documents, though he did not participate in the execution thereof. He seeks a direction from this Court in the nature of a Certiorari to quash these registered documents.

(2.) THE prayer of the petitioner is misconceived. In the event, he seeks cancellation of a registered document, his remedy is to approach the competent civil Court under the provisions of the Specific Relief Act, 1963. Insofar as the registered documents are concerned, perusal thereof reflects that the Sub -Registrar, Red Hills, Hyderabad, refused registration of the documents as regards the petitioner under Section 35 (3) (a) of the Registration Act, 1908. The said provision empowers the Registering Authority to refuse to register a document as to the person denying its execution. As, in the present case, the petitioner claims so, the Sub -Registrar, Red Hills, Hyderabad, rightly refused registration of the document insofar as he was concerned.

(3.) THE petitioner earlier filed W.P.No.36658 of 2012 in respect of an identical document which was executed and registered by the third respondent. The said writ petition was dismissed by order dated 28.11.2012 observing that the action of the Sub -Registrar in refusing to register the document to the extent of the petitioner protected his rights and therefore, his share in the property, if any, would not be transferred to the purchaser. This order is stated to have been confirmed in appeal.