Amaresh Kumar Singh, J. - (1.) Heard the learned counsel for the appellants and the learned Additional Government Advocate.
(2.) This Special Appeal is directed against the order dated 12th May, 1994 passed by the learned single Judge in S.B. Civil Writ Petition No. 2138/94 Sajjan Mal v. The Registrar . By the aforesaid order the learned single Judge dismissed the writ petition filed by the appellants. In their writ petition the appellants (petitioners) impugned the order passed by the Registrar (Registration) on 31st March, 1994, whereby he directed the Sub-Registrar to get the site measured and boundary fixed in accordance with the judgment of the Rajasthan High Court dated 1-7-1986 and then decide the question of registration of the document. The learned single Judge held that the impugned order dated 31st March, 1994 passed by the Registrar did not cause any injury to the petitioners (appellants) and all that was directed to be done by the Registrar was to get the verifications done by the Sub-Registrar, in view of the decree passed by the Rajasthan High Court declaring the plaintiff Jorawarmal to be the owner of 66,555.05 sq. ft. of land forming part of the disputed land. In view of the findings that the impugned order passed by the Registrar did not cause any injury to the petitioners (appellants), the learned single Judge dismissed the writ petition filed by the appellants.
(3.) The facts of the case may be briefly summarised as below:- The appellants are the heirs of Shri Jorawarmal. Shri Jorawarmal had filed the suit in the Court of District Judge, Merta for declaration, possession and permanent injunction. The suit was decreed in favour of Shri Jorawarmal on 14th May, 1974 by the District Judge, Merta. S.B. Civil First Appeal No. 160/74 was filed against the judgment and decree passed by the District Judge, Merta. The appeal was partly allowed by this Court. The judgment and the decree passed by the District Judge, Merta was maintained with the modification that the plaintiff Jorawarmal was declared to be the owner of 66,555.05 sq. ft. of land forming part of the disputed land and that land was delineated by points ABCD in red ink by the Court in Ex. C.I. i.e. the site plan prepared by the Court Commissioner in the presence of all the parties. The defendants were restrained from interfering with' the peaceful possession of Shri Jorwarmal, who was declared to be entitled to raise his own boundary walls over the portion ABCD marked in Ex. C.I. and put the land to any other lawful use. According to the appellants Jorawarmal entered into an agreement for sale of the land to Shri Ashok Kumar, Chhotu Bhai and Shantilal. Before the sale deed could be executed by Jorawarmal, he died on 17th October, 90. After the death of Jorawarmal the purchasers asked the appellants, who are the legal heirs of Jorawarmal, to execute a sale-deed in their favour for the land measuring 66,555.05 sq. ft. The appellants executed a sale deed in favour of the purchasers and presented the same before the Sub-Registrar, Makarana, district Nagaur on 20th October, 92 for registration through their Power of Attorney Holder. The Sub-Registrar refused to register the sale deed on the ground that the boundaries mentioned in the sale deed did not tally and on the site the Block Development Officer informed that the land belonged to the Panchayat Samiti and was in the Khatedari of the Panchayat Samiti. Sub-Registrar, therefore, returned the sale deed with the above endorsement to the appellants Power of Attorney Holder.;