MUZAFFAR RASHID WANI Vs. DISTRICT REGISTRAR, ADC, ANANTNAG

JUDGEMENT

(1.) This Petition, filed under Article 227 of the Constitution of India, is directed against the Order dated 31st of August, 2021 passed by the Respondent No.2/Sub-Registrar, SDM, Pahalgam, whereby the Respondent No.2 has refused to register the 'Sale Deed' dated 15th of June, 2021 titled 'Mohammad Shafi Gojer Chaohan' in favour of the Petitioner herein.

(2.) The case set up by the Petitioner, in this Petition, is that he purchased land measuring 03 Kanals falling under Khasra No. 101 Min; Khata No. 05; and Khewat No. 01, along with double storeyed house, situate at Khelan Gujran, Tehsil Sellar, District Anantnag from one Mohammad Shafi Gujjar Chowhan S/o Soba Gujjar Chowhan R/o Khelan, Gujjran, Tehsil Saller, District Anantnag, by virtue of a 'Sale Deed' executed on 15th of June, 2021. It is stated that the said 'Sale Deed' was presented for registration before the Respondent No.2 through online mode on 28th of June, 2021, after completing all the requisite formalities and, accordingly, the date of Registration was given on 29th of June 2021 at 11.10 AM. It is further stated that at the time of execution of the 'Sale Deed', the Vendor delivered the possession of the sale property to the Vendee/Petitioner, whereafter the Petitioner took the possession of the purchased property at the time of execution of 'Sale Deed' after paying full sale consideration amount to the Vendor. Thereafter, the Petitioner, as stated, informed the Vendor to cause his appearance before the Respondent No. 2 for registration of the 'Sale Deed', along with the witnesses, but the Vendee stated that since he is not well as such next date may be fixed for registration for registration of 'Sale Deed'. The Petitioner, thereafter, claims to have waited for some time for convenience of the Vendor and, ultimately, on 20th of August, 2021, the Vendor, through his Counsel, caused his appearance before the office of Respondent No.2 and asked for some time, as such, the date of Registration was fixed on 27th of August, 2021, but on 24th of August, 2021, one Mohammad Iqbal Chopan filed an application before the Respondent No. 2 stating therein that the 'Sale Deed' may not be registered till further orders as he has filed a civil Suit against the Vendor, as a consequence thereof, notice was issued to the Vendor to cause his appearance before the Respondent No.2 on 27th of August, 2021. Ultimately, the Respondent No.2 is stated to have refused the registration of 'Sale Deed' vide Order dated 31st of August, 2021. It is this Order of refusal of registration of 'Sale Deed' that has been assailed by the Petitioner herein this Petition on the grounds detailed out in the Petition.

(3.) Objections stand filed on behalf of Respondent No.2, wherein it is stated that the registration of the 'Sale Deed' was refused on the ground that the Vendor remained absent on the appointed date, whereafter, on the request of the Petitioner, the Vendor was summoned who partly refused execution of the 'Sale Deed' by stating that even though he admits the signing of the document, but did not accede to its contents. It is pleaded that the contention of the Petitioner to the effect that the possession of the property has already been delivered to him pursuant to execution of the 'Sale Deed' was denied by the Vendor. The Respondent No.2 has also stated that one Iqbal Chowhan S/o Gulzar Ahmad Chowhan R/o Khelan Gojran (nephew of the Vendor), presented an Order passed by the learned Additional Special Mobile Magistrate, Pahalgam, whereby the Defendants, including the vendor, stand restrained from creating any third party interest in the said land subject matter of the 'Sale Deed', constraining the Respondent No.2 to refuse the registration of the 'Sale Deed'.