GH HASSAN SHEIKH Vs. REGISTRAR OF REGISTRATION

JUDGEMENT

(1.) PETITIONER has purchased a portion of property namely house situate at Karan Nagar, belonging to the person of respondent No.3, claiming to be the owner of the share of the house which she has parted with by virtue of a sale deed purported to have been executed on 30 -6 -1982 for a consideration of Rs. 42,500/ -. It is further stipulated that an amount of Rs. 27,500/ - have been paid out of consideration to the respondent No.3 and the remaining amount of Rs.15,600/ - was to be paid at the time of registration. It is further pleaded that the petitioner presented the deed for registration before respondent No.2 within the statutory period, prescribed therefor. Respondent No.3 (seller) did not appear before respondent No.2 and eventually, respondent No.2 declined to admit the document for registration. Accordingly on 30 -10 -1982, an order came to be passed by the respondent No.2. Aggrieved by the said order, the petitioner preferred an appeal before respondent No. 1 i.e. Registrar of Registration, Srinagar and the said appeal came to be registered as appeal No. 276 of 1982. Notices were issued to respondents in the said notice. Respondent No 3 appeared before respondent No.1 i.e. appellate authority and admitted the execution of the document. She, however, stated that there is still an outstanding of Rs. 2,500/ -due to her from the appellant and prayed that the petitioner be directed to pay the said amount to her.

(2.) PETITIONER has also averred that attention of respondent No.1 i.e. District and Sessions Judge, Srinagar (Registrar of Registration) was invited to the provisions of the Registration Act, Rules made thereunder and particularly to Rule 40 and the judgment passed by this court reported as JKLR 1976 page 430. Despite legal position that the Registrar had no jurisdiction to direct a party to pay the remaining consideration amount, at the time of registration, but even then the learned Registrar Srinagar passed the impugned order on 14 -2 -1982, directing the respondent No.2 to admit the document to registration. The order impugned 14 -2 -1982 reads as under: -

(3.) THE document seems to have been presented as per directions of the appellate court before the Sub -Registrar (respondent No.2), who recorded/made endorsement on 14 -3 -1983 which reads: -