BAKSHI SURINDAR MOHAN AND ORS. Vs. THE SUB-REGISTRAR (TEHSILDAR)

JUDGEMENT

(1.) SHRI Surinder Mohan and the other Petitioners own land, Khasra No. 268 measuring 66 Kanals 1 Maria, in village Rajpalwan, Tehsil Nurpur, District Kangra, according to the Jamabandi for the year 1970 -71. The Petitioner No. 1, Bakshi Surinder Mohan, holds the general power of attorney on behalf of the other three Petitioners. The Petitioners decided to transfer a portion of the land comprised in Khasra No. 268 and the Petitioner No. 1 who is legally competent to act on behalf of the other Petitioners executed a sale deed dated June 14, 1976 in respect of a share of the land measuring 22 Kanals 11 Marias for a consideration of Rs. 9,000/ - in favour of Sarvshri Ramesh Chand, Des Raj and Narinder Kumar. The sale deed is Annexure 'D' with its English transliteration Annexure 'D/1'. The Petitioner No. 1 presented the sale deed before the Respondent for acceptance and for registration accompanied by the title deed and the affidavit of Shri Tulsi Ram father of Sarvshri Ramesh Chand and Des Raj. The Petitioner No. 1 also filed his own affidavit, Annexure E/1, to the effect that he had sold the land on his own behalf as also on behalf of Petitioners 2 and 3 as their general attorney for a sum of Rs. 9,000/ - and that the sale did not contravene the provisions of the Land Ceiling Act.

(2.) WHEN the deed was presented before the Respondent he refused vim to entertain the documents and said that he will not accept, entertain and register the deed. It is on that account that the Petitioners filed this writ petition for issue of a writ of mandamus to the Respondent to accept the deed. Annexure 'D and register the same in accordance with the Registration Act.

(3.) THE Petitioners presented an application C.M.P. No. 1451 of 1976 on August 2, 1976, in which he had submitted that he had presented the document for the purposes of registration which was neither entertained, accepted, or refused, that after the orders of the Court, dated July 20, 1976, he presented the document for registration during the office hours before the Joint Sub -Registrar on July 24, 1976, but the Joint Sub -Registrar passed an order to the following effect: