2009 (8) TMI 1271 - HC - Indian Laws

Summary

Issues involved:
The issues involved in the judgment include the legality of withholding registration of Sale Deeds by the District Sub-Registrar, Ranchi, based on the title of the Vendor and the application of the Urban Land Ceiling Act, 1976 to the transferred lands.

Judgment Details:

W.P.(C) No. 2563 of 2003:
- The petitioner sought registration of Sale Deeds for land purchase, which was withheld by the District Sub-Registrar, Ranchi.
- The land's history, transfers, and pending Urban Land Ceiling proceedings were detailed.
- The Counter Affidavit argued that the Vendor had no valid title over the property, making the Sale Deed unregistrable.
- The petitioner's counsel cited previous court decisions emphasizing the duty of the registering authority to register documents meeting statutory requirements without questioning the Vendor's title.
- The judgment held that the District Sub Registrar lacked jurisdiction to withhold registration based on title issues and directed registration of the Sale Deeds.

W.P.(C) No. 3262 of 2003:
- Similar to the first case, the petitioners sought registration of Sale Deeds for land purchase, facing withholding by the District Sub-Registrar, Ranchi.
- The land's history of transfers and pending Urban Land Ceiling Act proceedings were outlined.
- The Counter Affidavit contended that the Vendor lacked the power to transfer the land, justifying the withholding of registration.
- The judgment referenced previous court decisions emphasizing the registering authority's obligation to register documents meeting statutory requirements.
- It concluded that the District Sub Registrar had no jurisdiction to refuse registration and directed immediate registration of the Sale Deeds.

Conclusion:
The judgment in both cases emphasized the duty of the registering authority to register documents meeting statutory requirements without delving into the title issues of the Vendor. It directed the District Sub-Registrar, Ranchi, to register the Sale Deeds promptly, highlighting the importance of adherence to legal procedures in registration matters.