The Delhi High Court opined that if the appeal has been dismissed under Section 72 of the Registration Act, 1908, then the proper recourse is to go under Section 77 of the Act and not Article 226. Such a Writ Petition filed would be premature.
Brief Facts:
The case of the petitioners is that Petitioner No. 1 is a native of one village and was co-owner of an un-partitioned agricultural land. An oral agreement was entered into between Petitioner No. 1 and Petitioners No. 2 and 3 for the sale of the said land.
Subsequently, the Respondent No. 2 clarified that after the amendment in the Registration Act, 1908, the agreement to sell for immovable property is covered under Section 17(1-A) and is a valid document that must be registered, and the registration cannot be denied by the Sub Registrar.
Thereafter, the application of Petitioner No. 1 for NOC/status report for transfer of the said land was declined by the concerned Authority on the ground that the village in which the property was situated is under consolidation.
It was further submitted by the Petitioners that the sale agreement was duly engrossed on stamp paper and the proper procedure as per the Registration Act, 1908 was followed. However, Respondent No. 5 still denied registration of the agreement as there was no NOC.
The appeal filed by the Petitioners under Section 72 of the Registration Act, 1908 was dismissed and hence, the present petition has been filed to seek the registration of the Sale Agreement and General Power of Attorney.
Contentions of the Petitioners:
It was argued by the Petitioners that the Registration Act is a complete code and by refusing the Registration, Respondent No. 5 has acted beyond the scope of the Act.
Observations of the Court:
The Court observed that the consolidation proceedings of the village are pending before the Financial Commissioner. The registration of the documents cannot be done during the pendency of such proceedings.
The High Court further opined that the right remedy for the Petitioner would have been Section 77 of the Registration Act, 1908 after their appeal under Section 72 was dismissed.
Decision of the Court:
Therefore, the petition was held to be premature, and the Delhi High Court accordingly disposed of the petition.
Case Title: Mahavir Singh & Ors. V. GNCT of Delhi & Ors.
Coram: Hon’ble Ms. Justice Anu Malhotra
Case No.: W.P.(C) 4194/2022
Advocate for Petitioners: Adv. Mr. V.P. Dabas
Advocate for Respondents: Advs. Mr. Shadan Farasat, Mr. Aman Naqvi
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