BAKSHI SURINDER MOHAN ETC. Vs. THE SUB-REGISTRAR

JUDGEMENT

(1.) Shri Surinder Mohan and the other Petitioners own land, Khasra No. 268 measuring 66 Kanals 1 Maria, in village Raj -palwan, Tehsil Nurpur, District Kangra, according to the Jamabandi for the year 1970 -71. The Petitioner No. l,Bakshi Surinder Mohan, holds the general power of attorney on behalf of the other three Petitioners. The Petitioners decided to transfer a portion of the land comprised in Khasra No. 268 and the Petitioner No. 1 who is legally competent to act on behalf of the other Petitioners executed a sale deed dated June 14, 1976 in respect of a share of the land measuring 22 Kanals 11 Marias for a consideration of Rs. 9,000/ - in favour of Sarvshri Ramesh Chand, Des Raj and Narinder Kumar. The sale deed is Annexure 'D' with its English transliteration Annexure 'D/1'. The Petitioner No. 1 presented the sale deed before the Respondent for acceptance and for registration accompanied by the title deed and the affidavit of Shri Tulsi Ram father of Sarvshri Ramesh Chand and Des Raj. The Petitioner No. 1 also filed his own affidavit Annexure E/1, to the effect that he had sold the land on his own behalf as also on behalf of Petitioners 2 and 3 as their general attorney for a sum of Rs. 9,000/ - and that the sale did not contravene the provisions of the Land Ceiling Act.

(2.) When the deed was presented before the Respondent he refused even to entertain the documents and said that he will not accept, entertain and register the deed. It is on that account that the Petitioners filed this writ petition for issue of a writ of mandamus to the Respondent to accept the deed, Annexure 'D', and register the same in accordance with the Registration Act.

(3.) This Court on June 28, 1976, ordered issue of a Show Cause Notice to the Respondent. On the next adjourned date, that is July 20, 1976, the learned Advocate -General made a statement that if the Petitioner submits the documents for registration during the office hours either to the Registrar or to the Sub -Registrar or to the Joint Sub -Registrar (Naib -Tehsildar, Nurpur), the document will be registered if there is no legal objection. The matter was accordingly adjourned.