BIHAR DEED WRITERS ASSOCN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The grievance of the writ petitioners is that a sale deed dt. 19th Aug., 1987, which was presented for registration, remains unregistered by the authority concerned. The transferor, it is stated, has produced documents of title relating to the land involved and necessary declarations have been made by the parties in respect of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962), hereinafter referred to as the 'Ceiling Act'. In spite of the same, the respondents have refused to register the sale deed which they were bound to do under the Indian Registration Act, 1908 (hereinafter referred to as the 'Registration Act').

(2.) The case of the respondents, as appears from the counter-affidavit filed on their behalf, is that the directions have been given by the Registrar to the Sub-Registrars concerned to check and verify facts so that the provisions of the Ceiling Act are not violated.

(3.) It appears to us that this application can be disposed of at the stage of admission inasmuch as the point in issue is limited. In our view, if a document otherwise complying with the statutory requirements and formalities is presented for registration, the registering authority is bound to register it. It is not for the registering authority to enquire and ascertain the title to its own satisfaction. Under the provisions of the T.P. Act, 1888, if the transferor does not have any title or has an imperfect title to the property, the transferee on transfer will either get no title or be will get an imperfect title. This will be to the prejudice of the transferee and is not of any concern to the registering authority.