FARHANA NASREEN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondent no.4-the Sub Registrar, Gumla to admit sale deeds for registration with respect to the land appertaining to Khata No.2, Plot No.244, measuring an area of 0.23 acre and Plot No.245, measuring an area of 0.84 acre, total 1.07 acres situated at Mouza-Gumla as the respondent no.4 is not allowing the sale deeds to be presented to his office.

(2.) Learned counsel for the petitioners submits that the petitioner nos.1 and 2, who at present reside in Orissa and West Bengal respectively, intend to sale the aforesaid land to the purchasers and for the said purpose, they met the respondent no.4, however, said respondent orally informed the petitioners that the sale of the said land could not be permitted as its nature mentioned in the khatiyan is "non- cultivated Majhias" which was given to the petitioners' ancestors by the landlord simply through 'Hukumnama'.

(3.) Having heard learned counsel for the parties and considering the content of the writ petition, it appears that the petitioners have not yet presented the concerned instruments i.e. sale deeds before the respondent no.4 for registration. The law with respect to presentation of instruments/documents for registration is clear. Sec. 71 of the Registration Act, 1908 reads as under: