TAPAN KUMAR SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A.K. Bhowmik, learned senior counsel, assisted by Mr. R. Datta, learned counsel, appearing on behalf of the petitioners and Mr. S.M. Chakraborty, learned Senior counsel, appearing on behalf of respondent No. 4. Heard also Mr. N. C. Pal, learned Government Advocate, appearing on behalf of the respondent Nos. 1, 2 and 3, and Mr. S. Deb, learned Senior counsel, appearing on behalf of the remaining respondents.

(2.) Title Suit No. 04 of 2009 was instituted by respondent No. 4 in the Court of the Civil Judge, Sr. Division No. 2, Agartala, with the present petitioners, as defendants, seeking specific performance of contract of sale of land as described in the schedule to the plaint. While the suit was pending, an application was made by the present petitioners, on 09.04.2010, seeking rejection of the plaint. The petitioners, having executed, on 01.06.2010, as many as 9 sale deeds, on stamp papers of Rs. 9.48 lakhs valued at Rs. 1,89,00,000/-, transferring the said landed property to the 15 interveners, who stand impleaded in this writ petition as respondent numbers 5 to 19, presented the said 9 sale deeds in the office of the respondent No. 3, namely, Sub-Registrar, Sadar, Agartala, for registration. The petitioners claim that the respondent No. 3, having purportedly received an objection filed by the respondent No. 4 herein on 01.06.2010, returned the sale deeds to the petitioners counsel for presentation, again, on 14.06.2010. The sale deeds were accordingly presented on 14.06.2010 to the respondent No. 3 along with a petition stating to the effect inter alia, that there was no injunction, decree or order from any court and, hence, the objection, raised by the respondent No. 4 herein, to the registration of the said sale deeds was groundless. Till date, however, registration of the sale deeds has not been done by the respondent No. 3.

(3.) Aggrieved by the fact that the registration of the sale deeds aforementioned has not been completed as yet, the petitioners have filed this writ petition, under Article 226 of the Constitution of India, seeking, inter alia, issuance of a writ of mandamus directing the respondents, particularly, respondent No. 3, to admit to registration the said 9 sale deeds executed by the petitioners on 11.06.2010 and presented to the Sub-registry, Sadar, Agartala, as far as back on 14.06.2010.