MATILDA LYNGDOH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S. Sen, the learned counsel for the petitioner. Also heard Mr. M.F. Qureshi, the learned counsel for the respondents. With the consent of the counsel for both the parties, this writ petition is being disposed of at the motion stage.

(2.) The case of the petitioner is that she purchased a plot of land situated at Block 3, Wahingdoh, Shillong, from one Smt. Emnam Massar, by a Sale Deed dated 4.1.2006. On execution of the Sale Deed, the petitioner took over possession of the demised property along with the title documents from the said Emnam Massar. It appears that one of the son of the petitioner, namely, Shri Mark E Lyngdoh, was diagnosed with acute Myeloid Leukemia and is undergoing Medical Treatment at Christian Medical College, Vellore, for which she has already incurred a sum of Rs. 7.2 lakhs for one cycle of re-induction chemotherapy. Her son was also medically advised to undergo Allogenic Periphera Blood Stem Cell Transplantation (PBSCT) and Allogenic Bone Marrow Transplantation, the cost whereof, according to hospital sources, is estimated at Rs. 20 lakhs. To meet this expenditure, the petitioner approached the SBI, Polo Branch for grant of Rs. 20 lakhs by way of loan. The SBI has agreed to sanction the loan amount on condition that the petitioner submits the Registered Sale Deed as well as the Non-encumbrance Certificate from the Office of the Deputy Commissioner. The petitioner accordingly approached the Registration Office of the Deputy Commissioner, East Khasi Hills District, Shillong, for registration of the land, and was asked to pay a stamp duty of Rs. 55,105.00 which she duly purchased. She also requested the vendor of the plot in question to execute a fresh Sale Deed, which was again executed on 7.1.2008. When the Sale Deed was presented by the petitioner before the Sub-Registrar for Registration, who is the respondent No. 2 herein, refused to register the same on the ground that the signature of the local headman was not obtained. The respondent No. 2 informed the petitioner that she should either obtain the signature of the local headman on the Sale Deed or get a fresh Patta from the Office of the Syiem of Mylliem, Shillong. Her request to the respondent No. 2 to pass an appropriate order on her application for registration of the Sale Deed in question has not been acted upon till date. It was on the aforesaid circumstances that the petitioner approached this Court for appropriate order.

(3.) Mr. S. Sen, the learned counsel for the petitioner drawing my attention to the provisions of the Registration act, 1908 and the Transfer of Property Act, 1892, forcefully submits that there is no provision thereunder requiring the Sub-Registrar to require the petitioner to obtain the consent of the local head-man for registration of the Sale Deed and that the Sub-Registrar has thus failed to exercise the jurisdiction vested in him by law in not registering the Sale Deed, which is other wise executed in accordance with law. Mr. M.F. Qureshi, the learned counsel for the respondents submits that this Court can require the respondent No. 2 to register the Sale Deed in question if the same is permissible under the Registration Act.