HANUMANTHU KRISHNA RAO Vs. SUB-REGISTRAR PONDURU

JUDGEMENT

(1.) THE petitioners challenge an endorsement dated 27-02-2008, made by the 1st respondent, through which, he refused to register a document presented by the petitioners, for sale of land in Sy. No. 154/21 of Kushalapuram Village, Etcharla mandal, Srikakulam District. The petitioners state that Ac. 6. 26 cents of land in Sy. No. 154/21 was owned by one Sri Jaga Datt Dave, and after his death, it devolved upon his four sons, viz. , Sridatt Dave, Durgadatt Dave, Haridatt Dave and Ramadatt Dave, respondents 3 to 6 herein. It is stated that the four brothers mentioned above, executed an Agreement of sale-cum-General Power of Attorney in favour of smt. Hanumanthu Sunitha, Budumuru Varalakshmi and Gudimella Sailaja, and the three ladies, in turn, have executed a sale deed in favour of the petitioners on 20-12-2005, in respect of the land.

(2.) THE petitioners divided the land into plots. They intended to sell the plot of 133. 33 sq. yards in favour of one, Sri Velamala Venkata Rao. Accordingly, they executed a sale deed on 12-02-2008, and presented the same before the 1st respondent for registration.

(3.) THE Assistant Commissioner of Endowments, Srikakulam, the 2nd respondent, and the Management of Sri Patha Anjaneya Swamy Temple, informed the 1st respondent that the land belongs to them. The 1st respondent kept the document pending and assigned No. P4 of 2008. He addressed a letter dated 15-02-2008 to the purchaser under the document, Mr. Venkata Rao, informing that, claim was made to the land, on behalf of the Temple, and in view of Section 22-A of the Registration Act, 1908 (for short 'the Act'), the document cannot be registered. The addressee of the letter was informed that, if no reply comes from him, registration is refused.