HAJI HABIB-ULLAH Vs. REGISTRAR

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution of India read with section 103 of the State Constitution seeking to quash the direction made by respondent No. 1 to respondent No. 2 in his order dated 22 -8 -1974 to admit the instrument of sale to registration on payment of Rs. 27900/ - to the respondents 3 to 6 by the petitioners.

(2.) BRIEFLY speaking the facts that have given rise to this petition are that respondents 3 to 6 executed a sale deed on 26 -9 -1973 and sold the property mentioned therein for a consideration of Rs. 80,000/ - in favour of the petitioners. Out of the sale proceeds an amount of Rs. 27,900/ - is outstanding. Respondents 2 to 4 did not appear before the Sub -Registrar for registering the document and eventually the Sub -Registrar refused registrar on the ground of non -appearance of the respondents 2 to 4. This order was made on 17 -1 -1974. The petitioners preferred an appeal against the order of refusal of registration of the document before the Registrar respondent No. 1. The Registrar while allowing the appeal under section 72 of the Registration Act directed that the document shall only be admitted to registration on payment of unpaid consideration money. The petitioners thereupon again presented the document for registration before the Sub -Registrar who refused to register it on the ground that until the outstanding consideration was paid by he petitioners to the respondents 2 to 4 the deed will not be registered.

(3.) THE petitioners have moved this court in writ. Their contention is that the direction given by the Registrar in his order that the document will be admitted to registration only on payment of the outstanding consideration money is in excess of the powers of the Registrar and without jurisdiction. Under the provisions of the Registration Act the registering Officer has got no power to enforce payment of any consideration as a condition precedent for the registration of the document. It is, therefore, prayed that the aforesaid direction be quashed as without jurisdiction and the Sub -Registrar directed to admit the document to registration without the aforesaid condition.