- (1.) Heard learned Counsel for the parties.
(2.) Late shri Ranjit Singh father of the petitioner executed a sale-deed on 20.3.1998 of his half share in agricultural land, total area 10 bighas 15 biswas for Rs. 1,20,000/- and signed on the sale-deed after receiving the amount within the campus of Sub-Registrar (or Deputy Registrar) Office of Tehsil Meer Ganj, District Bareilly. However just before presentation of the sale-deed before the Sub-Registrar, petitioner-son of late Sri Ranjit Singh came along with several persons, illegally lifted his father and took him away. The sale-deed was executed in favour of respondents No. 2 & 3, Vijendra Singh and Javendra Singh. FIR was lodged by respondent No. 4 against petitioner claiming to be his mother.
(3.) On 26.5.1998, respondents No. 2 and 3 presented the sale-deed for registration before the Sub-Registrar stating that Ranjit Singh was not traceable. Sub-Registrar sent registered notice to Ranjit Singh twice, however as Ranjit Singh was not traceable, hence notice could not be served. Sub-Registrar refused to register the sale-deed on the ground that more than four months' period had expired hence in view of section 23 of Registration Act he had no jurisdiction to register the sale-deed. Section 23 of Registration Act is quoted below : 23. Time for presenting documents.-- Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution : (Proviso not relevant);