- (1.) Petitioner has invoked the extra-ordinary jurisdiction under Article 226 of the Constitution of India to challenge the order dated 28.08.1998 passed by Joint Sub Registrar, Narnaul, refusing to register the sale deed presented by the petitioner having observed that plot sought to be transferred by the deed is situated at Singhana Road near "Chor Gumbaj" for which there is a dispute of ownership as well as order dated 08.09.1998, passed by Registrar, Mohindergarh at Narnaul, whereby Registrar remanded the matter to the Sub Registrar, Narnaul to decide the question of title before registration.
(2.) The sole question involved in the present case is as to whether Sub-Registrar/Joint Registrar or Registrar acting under Section 34 and 35 of the Registration Act, 1908 have jurisdiction to decide the question of title before registration of the document or in other words can they refuse registration of theCWP No. 15403 of 1998 2 document on the ground there is a dispute of ownership or petitioner is not owner of the property sought to be transferred
(3.) The brief facts of the present case, inter alia, are that petitioner claiming himself owner in possession of 150 sq. yards situated on Singhana Road, Narnaul had executed one sale deed in favour of one Govind Ram for a consideration of Rs. 45,000/- on the stamp paper of Rs. 5625/-. Sale deed was presented for registration before respondent No.1 Joint Sub Registrar. However, vide impugned order (Annexure P-1) he had refused to register the same saying there was a dispute of ownership. Petitioner went in appeal before the Registrar, however, vide impugned judgment Annexure P-2 had remanded the matter to the Joint Registrar to decide the question of ownership before registering the document.;