KAMATHAM VIJAYA LAKSHMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) The 4threspondent-Joint Sub Registrar, vide refusal order No.33 pending file No.261 of 2021, the property situated in Ward No.3 of Proddatur Municipality belonging to D.No.3/1330 in Sy.No.357 of Proddatur village of an extent of Ac.0.06 cents was refused to registration on the ground that on going through the documents presented by the writ petitioner, i.e., viz., final decree passed by the Court of District Judge, Kadapa, in O.P.No.139 of 1991 and the registered Will No.10 of 1989, observing that the said documents are far of true and then not substantiated the right of the petitioner herein, and alluding in the above said manner, has refused to register the document.

(3.) The said refusal order is impugned in the present Writ Petition on the legal point that as per the terms of the Registration Act, the Sub Registrar cannot refuse the document and he cannot conduct a roving enquiry and he cannot refuse to register the document unless it is prohibited under Ss. 19, 20, 21, 22A and 34 of the Registration Act (for short, the Act"). Sec. 19 of the Act contemplates that if any document duly presented for registration, be in a language which the registering officer does not understand, and which is not commonly used in the district, he shall refuse to register the documents, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy. Sec. 20 of the Act contemplates that if the document which is presented for registration in which any interlineations, blank, eraser or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineations, blank, eraser or alteration. Sec. 21 of the Act contemplates that the document shall contain maps and plans and when the document is opposed to public policy, the Registrar can refuse for registration under Sec. 23 of the Act. Sec. 34 of the Act contemplates that the Sub Registrar can refuse to register the document unless the persons executing such document or their representative, assigns or agents authorized as aforesaid appear before the registering officer within the time allowed for presentation under Ss. , 23, 24, 25 and 26 of the Act.