NARENDRA MOHAN KASLIWAL,J. - (1.) THIS special appeal is directed against the judgment of learned Single Judge dated 19th July, 1983 whereby the writ petition filed by the appellant was dismissed.
(2.) THE case of the petitioners appellants was that the respondent No Maha Singh agreed to sell 50% of his agricultural land to petitioners for an amount Rs 6,000/ - by executing a sale deed on 21st April 81. The above sale deed was submited for registration befor the Sub -Registrar, Nagar District Bharatpur on 21st April 1981 itself. The Sub -Registrar asked Maha Singh regarding the passing of consideration and as Maha Singh stated that he did not receive the consideration, the Registrar made the following endorsement on the sale deed and kept the same pending. .........[vernacular ommited text]........... The petitioners aggrieved against the aforesaid action of the Sub -Registrar filed a writ petition before this court. Learned Single Judge held that when Maha Singh had stated that he had not received an amount of Rs. 6,000/ - the Sub -Registrar was right in not registering the sale deed. Learned Single Judge further observed that in a democratic State where uneducated people are produced and when they denied the receipt of consideration of their land, in his opinion the Sub -Rearstrar was right in refusing the registration of the document. Learned Ssngle Judge in these circumstances dismissed the writ petition filed by the petitioners and aggrieved against the order of the learned Single Judge, the present special has been filed.
(3.) IT was contended by Mr. Bandhu learned Counsel for the petitioners that the execution of the sale deed was admitted by Maha Singh and even if the consideration of the sale deed was denied, under Rule 40 of the Rajasthan Registration Rules, 1955 read with Section 58 of the Registration Act, 1908, the only course open to the Sub -Registrar was to put a note of denial in the endorsement required by Section 58 of the Act. According to the learned Counsel for the appellants, registration of the document in the circumstances could not have been refused, specially when the execution of the document was admitted by Maha Singh.;