SURENDRA Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall also govern the disposal of MCrC Nos. 490/08, 491/08, 492/08, 493/08 494/08, 495/08, 496/08, 497/08, 498/08, 499/08, 500/08, 501/08, 502/08, 503/08, 504/08, 505/08, 506/08, 507/08, 508/08, 509/08, 510/08, 511/08, 512/08, 513/08, 514/08, 515/08, 516/08, 517/08, 518/08, 519/08, 520/08, 521/08, 522/08, 523/08, 524/08, 525/08, 526/ 08, 527/08, 528/08, 529/08, 530/08, 531/08, 532/08, 533/08, 534/08, 535/ 08, 536/08, 537/08, 538/08, 539/08, 540/08, 541/08, 542/08, 543/08, 544/ 08, 545/08, 546/08, 547/08, 548/08.

(2.) BOTH parties heard.

(3.) LEARNED counsel for the applicant submitted that as per the provisions of Ss. 34 and 35 of the Registration Act, present applicant being Sub Registrar was having no authority to inquire about the title of the land which was being sold. He was only required to satisfy himself regarding the identity of the person appearing before him and claiming that he has executed the documents. It is also required to be seen by him that the stamp duty as per the valuation has been paid or not. He cannot hold up inquiry regarding the title of the seller and cannot direct the authority to hold such inquiry. In this regard learned counsel has drawn attention of this Court towards the certified copy of the judgment of this High Court passed in MP No. 1638/1993 dated 22.7.1994 in which the Division Bench of this Court comprising of Hon'ble the Chief Justice has quashed the order of Sub Registrar who refused to register a document on the basis of directions issued by the Additional Collector on the ground that the land belongs to Government. It is held that Sub Registrar has no authority to examine question of title to the land in question and refused registration of documents on this ground. Attention is also drawn towards the reported judgment of a Single Bench of this Court passed in the case of Ramprasad Yadav v. State of M.P. Reported in [2002 (II) MPWN 74]. In that case also it has been held that at the time of registration of the documents, Registrar is only required to see that the person shown in the sale deed is executing the document or not and he is not required to investigate the title of the seller.