RAJESH LAMBA Vs. BRIJENDERA SINGH AND ORS.

JUDGEMENT

(1.) At the outset, learned Counsel for the petitioner was informed that I was representing M/s R.C. Sood and Company before this Court as an Advocate, the reference of which has come in the order passed. Learned Counsel for the petitioner has pointed out that he has no objection in my entertaining the present petition as the interest of the present petitioner in the present suit, is not in conflict with the interest of M/s R.C. Sood and Company.

(2.) The plaintiff -petitioner filed a suit for declaration to the effect that action of respondent No. 2 i.e. Sub Registrar, Faridabad in refusing to register the conveyance deed in respect of the plots of land in Kant Enclave, is unwarranted and illegal. Along with the suit, an application under Order 39 Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure was also filed.

(3.) The learned trial Court allowed such application, whereby defendant No. 2 was directed to provisionally register the conveyance deed and in case the defendants arrive at the conclusion that the land is Sham Lat Deh, then a certificate under Ss. 71 and 76 of the Registration Act, 1908 (for short 'the Act') must be given to the plaintiff. It was further directed that the registration of the sale deed shall be provisional and subject to the decision of the present suit. The said interim order practically allows the suit of the plaintiff even though the sale deeds are said to be registered provisionally. The appeal filed by the defendants was partly accepted by the learned first Appellate Court on 12.3.2007. The revision against the said order was allowed by this Court on 21.9.2007 and the order passed by the learned trial Court was restored with the modification that in case of refusal to register the conveyance/sale deeds in respect of the plots of the present case, the State shall issue a certificate as required under Ss. 71 and 76 of the Act. The respondents were directed to provisionally accept and allow the registration of the conveyance deeds in respect of the plots of the lands of the plaintiffs without any impediment, in accordance with the provisions of the Act.