- (1.) The Petitioner has come up assailing the order dated 15.7.2005 passed by the Registrar exercising powers under Section 25 of the Registration , 1908, whereby he has refused to register the agreement to sell presented by the Petitioner in relation to Plot No. B-6 (B-6/1) measuring 3747 Sq. Mtrs.
(2.) The facts on record are that the plot was allotted to M/s Seema Enterprises on lease hold (Respondent No. 4 herein) by the Uttar Pradesh State Industrial Development Corporation through a registered deed dated 13.3.2003. The extent of land allotted to Respondent No. 4 was approximately a little over 10000 Sq. Mtrs. The Petitioner required the said land which was adjacent to it and the Respondent No. 4 is stated to have agreed to transfer the said plot which was situated at the back side ofthe Petitioner industrial unit. The two companies entered into an agreement on 18.11.2004; copy whereof has been filed as Annexure-1. The dispute centres round the registration of this document.
(3.) The contention of the Petitioner is that an application was moved on 24.1.2005 before the U.P. State Industrial Development Corporation for permitting the said transfer to be made. The Petitioner alleges that all the partners of Respondent No. 4 had given an undertaking for sub-division and transfer but after the moving of the said application and with passage of time, the partners of Respondent No. 4 firm started taking a different attitude. The Petitioner was informed as late as on 1.6.2005 for the first time that the Respondent No. 4 firm did not intend to further proceed with the said agreement and that the application for sub-division before the UPSIDC has been withdrawn.;