BRIJMOHAN KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondent Nos. 34 for registration of the duly executed and stamped deed of sale presented for registration on 24.05.2016 (Annexure-5 to the writ petition) in favour of the petitioner.

(2.) The brief facts of the case, as stated in the writ petition, is that the petitioner had entered into an agreement for purchase of a flat being Flat No. 104, having built-up area of 1720 sq. ft., situated over Plot No. 54, Khata No. 07, Mouja-Gari, Thana No. 194, District-Ranchi, within Ward No. 6 of Ranchi Municipal Corporation (hereinafter referred to as 'the said land') with Morias Construction Company, represented through its proprietor and on behalf of the land owners as their Power of Attorney holder. The erstwhile landlord settled the said land in favour of the recorded tenant Etwa Oraon as the Chapperbandi settlement by virtue of Sada Hukumnana dated 17.05.1944. In the year 1955-56, the ex-landlord submitted the return of the Chapperbandi settlement before the Deputy Commissioner, Ranchi. Thereafter, the original settlee Etwa Oraon and his successors-in-interest transferred the said land to several persons by executing various deeds of sale and finally, it was transferred to Abhay Kumar Singh, s/o Late Surendra Prasad Singh, Manju Singh, w/o Abhay Kumar Singh and Anuprabha Singh, w/o Ripunjay Prasad Singh. Abhay Kumar Singh, Manju Singh and Anuprabha Singh jointly entered into a development agreement on 20.03.2010 with Morias Construction Company for construction of multi-storied residential building over the said land. In pursuance of the development agreement, Morias Construction Company submitted the building plan for construction of multi-storied residential building, namely, Shree Vrinda Residency over the said land and the building plan was sanctioned by the Ranchi Regional Development Authority vide B.C. Case No. 1378/2008. The petitioner entered into an agreement for purchase of Flat No. 104, having built-up area of 1720 sq. ft. in the said building vide agreement for sale dated 20.11.2012 for valuable consideration of Rs. 26.94,000.00. After paying full consideration amount to Morias Construction Company, the petitioner purchased requisite stamps on 20.05.2016 amounting to Rs. 1,71,500.00 for registration of the deed of sale in his favour. The petitioner thereafter presented the deed of sale duly executed by the executor before the District Sub-Registrar, Ranchi on 25.05.2016 for registration. However, the office of the respondent No.4 returned the sale-deed without assigning any reason and endorsement. Hence, the present writ petition.

(3.) Learned counsel for the petitioner submits that the petitioner had enclosed all necessary documents along with the deed of sale, such as correction slips and rent receipts issued by the State of Jharkhand to respective land owners. Though there was no such requirement for enclosing those documents showing title, nature of the land and possession of the vendors, yet the petitioner by way of abundant precaution had enclosed the same. If a document presented for registration otherwise conforms the requirements and the formalities, the registering authority is bound to register the same. It is not for the registering authority to conduct enquiry and ascertain the title and nature of the land for his satisfaction. Even if a document presented for registration by the transferor does not have any title or has imperfect title of the property, the transferee on such transfer will either get no title or will get an imperfect title. Though it may cause prejudice to the transferee, yet the registering authority has no concern with the same. It is also submitted that the respondent No.4 has duly registered the deed of sale with respect to the other various flats situated over the said plot. Thus, the said action of the respondent No.4 is violative of Art. 14 of the Constitution of India as well as contrary to the provisions of the Registration Act, 1908 (hereinafter referred to as 'the Act, 1908').