JAGMAL SINGH Vs. JOINT SUB REGISTRAR KALAYAT AND

JUDGEMENT

(1.) THE plaintiff-appellants are in second appeal before this Court.

(2.) A suit under Section 77 of the Indian Registration Act, 1908 (for short '1908 Act') for the passing of a decree for mandatory injunction vide which defendant No.1 was to be directed to register a document i.e. sale-deed dated 3.1.2006 was filed by the plaintiffs. It was pleaded that the document of sale was executed by defendants No.2 to 65 in favour of the plaintiffs on 3.1.2006 in respect of land measuring 165 K-8 M of village Bata, Tehsil and District Kaithal for a consideration of `40 lacs.

(3.) UPON notice, the defendant-respondents appeared and filed the written statement. Defendant Nos.2 to 65 admitted the case of the plaintiffs in terms of filing one common written statement. Defendant No.1 contested the suit and a detailed written statement was filed taking a plea that the appeal filed by the plaintiff under Section 72 of the 1908 Act had been dismissed vide order dated 23.1.2006 and such order had become final. It was pleaded that the orders dated 3.1.2006 passed by defendant No.1 and dated 23.1.2006 passed by the Registrar are in accordance with law. It was also pleaded that pertaining to the disputed land, litigation was pending and interim orders of the competent Courts had also been passed. Still further, the sale-deed could not have been registered and attested without obtaining the NOC under the provisions of the 1984 Act.