SATYA PAL ANAND Vs. STATE OF M.P. & ORS.
SUPREME COURT OF INDIA
SATYA PAL ANAND
State of M.P. and Ors.
Click here to view full judgement.
A.M.KHANWILKAR, J. -
(1.) This appeal has been placed before a three Judges' Bench in
terms of order dated August 25, 2015, consequent to the difference
of opinion between the two learned Judges of the Division Bench.
(2.) Justice Dipak Misra took the view that, in the fact situation of the present case the Writ Petition filed by the appellant challenging
the order passed by the Sub-Registrar (Registration) and the
Inspector General (Registration) was rightly dismissed by the High
Court. However, His Lordship opined that a question would still
arise for consideration, namely, whether in absence of any specific
Rule in the State of Madhya Pradesh, the general principle laid
down in the case of Thota Ganga Laxmi & Anr. vs. Government
of Andhra Pradesh & Ors.(2010)15 SCC 207 would be applicable?
(3.) Justice V.Gopala Gowda on the other hand allowed the appeal on the finding that the Sub-Registrar (Registration) had no
authority to register the Extinguishment Deed presented by the
respondent-Society dated 9th August 2001 and his action of
registration of that document was void ab initio. For the same
reason, the subsequent deeds in respect of the property in question
registered by the Sub-Registrar dated 21st April, 2004 and 11th July
2006 were also without authority and void ab initio. His Lordship held that, the High Court should have declared the above position
and set aside registration of the subject documents and also the
orders passed by the Sub-Registrar (Registration) and Inspector
General (Registration). His Lordship allowed the appeal filed by the
appellant with compensation amount to be paid by the respondents
quantified at Rs.10 Lakh.;
Copyright © Regent Computronics Pvt.Ltd.