9911796707
TMI Blog2009 (8) TMI 1271X X X X Extracts X X X X X X X X Extracts X X X X ..... ale Deeds executed and presented for registration by the proforma respondents i.e. Mrs. Harbans Kaur @ Harbans Kaur Saluja in W.P.(C) No. 2563 of 2003 and Manohar Lal Chourasia as well as Sant Lal Chourasia in W.P.(C) No. 3262 of 2003, in favour of the writ petitioners, which has been withheld by the respondent No. 3 - the District Sub-Registrar, Ranchi illegally and arbitrarily. 3. The facts in short in W.P.(C) No. 2563 of 2003, are stated here-in-below: i. The writ petitioner Shakuntala Devi intended to purchase 5 Kathas of land in R.S. Plot No. 1151, Sub-Plot No. 47 under Khata No. 122, Holding No. 689/A, Khewat No. 4, Village - Hesal, Thana No. 202, P.S. - Sukhdeo Nagar, District - Ranchi, from the present owners Mrs. Harbans Kaur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been transferred by Ranchi Enterprises, prior to 1976, have been transferred through the registered Deed recently. Such as Santu Lal has transferred a portion of Plot No. 1151 to Ashok Kumar Rai by Registered Sale Deed No. 7761 dated 14.09.1993. Similarly, one Sardar Hari Munjal transferred a portion of Plot No. 1151 to Smt. Lazwanti Ghai vide registered Sale Deed No. 6397 dated 13.08.1998 and both the aforesaid lands originally belonged to Ranchi Enterprises. vii. The grievance of the petitioner is that the District Sub Registrar, Ranchi has neither registered nor passed any final order with regard to the Deed of Sale presented by Mrs. Harbans Kaur (Proforma Respondent) in favour of the petitioner and he has kept the matter pending for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 1151, Sub-Plot No. 305/7 under Khata No. 122, Khewat No. 4, Village - Hesal, Thana No. 202, within P.S. - Sukhdeo Nagar, District - Ranchi with a house standing thereon bearing Holding No. 702/V2 from the Proforma Respondents namely Manohar Lal Chourasia as well as Sant Lal Chourasia. The aforesaid land also originally belonged to M/s. Ranchi Zamindari Limited @ Ranchi Enterprises Limited. ii. The property intended to be purchased was transferred by the erstwhile owner i.e. M/s. Ranchi Zamindari Ltd. by a registered Deed No. 1043 dated 27.01.1970 by way of permanent, heritable, transferable lease in favour of Sri Ramdeva Lal, son of Sri Rakjumar Lal Agarwal. iii. The purchaser Ramdeva Lal constructed a house thereon bearing Holdin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tsoever creating title in favour of the said transferee and therefore, during the pendency of the proceedings under the Urban Land Ceiling Act, 1976, the respondent No. 3 has rightly withheld registration of the Sale Deed and did not register the same. 7. From the counter affidavits filed by the respondents, it appears that they have not denied the facts stated in the para-16 of W.P.(C) No. 2563 of 2003 that the Sale Deed with regard to transfer of a portion of Plot No. 1151 in favour of Ashok Kumar Rai has been registered vide Sale Deed No. 7761 on 14.09.1963. It has also not been denied about the registration of the Sale Deed with regard to another portion of Plot No. 1151 in favour of Lazwanti Ghai on 13.01.1998. However, it has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsferor does not have any title or has an imperfect title to the property, the transferee on transfer will either get no title or be will get an imperfect title. This will be to the prejudice of the transferee and is not of any concern to the registering authority. In the case of Nageshwar Thakur and Ors. v. State of Jharkhand and Ors. (Supra) also, a Single Bench of this Court held that there is no provision in the Indian Registration Act or the Rules thereunder empowering the Registrar or Sub-Registrar to hold an enquiry in the question of Title of Vendor before registration of the document. The registering authority has only to see whether the document is duly stamped to the valuation given in the documents. 9. Section 34 of the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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