NYADARSINGH Vs. CHENSINGH

JUDGEMENT

(1.) BY this petition under Art. 226 of the Constitution of India the applicant Nyadarsmgh seeks a writ in the nature of 'certiorari' for quashing an order of the Registrar, District Nimar, cancelling the registration of a sale deed executed by the opponent Chensingh in favour of the petitioner.

(2.) THE facts out of which this petition arises are as follows:

(3.) THERE is no dispute as to the facts. The argument of Mr. Chitale, learned counsel for the petitioner, is that under Ss. 23 and 23 a document is duly presented if it is presented in the office of the Sub -Registrar within whose sub -district the whole or some portion of the property to which the document relates is situated and that it is not necessary that the document should be banded over to the Sub -Registrar personally; that the presentation on 17 -3 -1951 by Chensingh of the sale deed in the office of the Sub -Registrar was, therefore, a valid presentation; that registering officer having thus got jurisdiction by the proper presentation of the document, the failure to follow the procedure laid down by S. 52 of the Act, and the appearance of the executants more than 4 months after the execution of the document without the delay being condoned by the Registrar could not vitiate the registration proceedings, and that in any case the Registrar had no power under the Registration Act to cancel the registration of a document by the Sub -Registrar.