IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
V.V.S. RAO, J.
Jasti Bhujangeswara Rao and others
v.
Sub-Registrar, Repalle and others
Writ Petition Nos.6018, 6016, 6019. 6021 and 6064 of 2008
Decided on 03-12-2008
b) REGISTRATION ACT, 1908, Sees. 19, 20, 21 and 22 - These provision narrates the circumstances under which the Registrar can refuse a document presented for registration. These circumstances are when the document is in a language not understood by the officer, the document consist of gaps and erasures etc., the property described is not identifiable or where the registrar is not satisfied with the identity and factum of executants.
c) RGISTRATION ACT, 1908, Sec. 72, 73, 75, 76 and 77:- Where the Registering authority refuses to register on a ground other than denial of execution, he can appeal to the Registrar under Section 72 of the Act. On the other hand in case of a refusal to register on a ground of denial of execution, an appeal can be filed under Section 73 of the Act and on a rejection order a civil suit under section 77 of the Act in the court of District Judge.
d) REGISTRATION ACT, 1908, Sec. 32-A - A.P. Rules under Registration Act, 1908, Rules 26 and 58 - The registering authorities are supposed to follow various requirements and guidelines laid down under A.P. Rules under the Registration Act like Rule 26 and 58 like taking the photographs and fingerprints of the executants, filling up as many as ten appendices and personal satisfaction as to the execution of the document by the executants. On failure of any of those requirements, the Registering authority can refuse to register the document.
e) REGISTRATION ACT, 1908, Section 71:- Whenever registration of a document is refused, the endorsement of the words “registration refused” shall be made on the document recording the reasons for such refusal. The grounds of the refusal shall be provided to the aggrieved party when demanded.
These writ petitions are being disposed of by this common order in view of the commonality in the cases and also due to the fact that the order challenged is passed by the Sub-Registrar, Repalle, Guntur District (first respondent in all the writ petitions). Further, the impugned order of refusal of registration is similar. The background of these cases as is given in the next paragraph is also similar.
2. The fourth respondent, Jasti Venkata Subbamma, and her husband Jasti Venkata Subba Rao have three sons and four daughters. The elder son, Siva Rama Prasad, predeceased his father. The husband of fourth respondent died on 16.09.2007 leaving behind him considerable extent of immovable property - houses/house plots and agricultural lands in Tenali Mandal. It is also not disputed that during his lifetime, Venkata Subba Rao effected partition among his children, and after his death, his property was succeeded by the fourth respondent. Late Siva Rama Prasad, Subrahmanyeswara Rao and Bhujangeswara Rao (youngest one) (petitioner in W.P.No.6015 of 2008) are her sons. Nagaraja Kumari (petitioner in W.P.No.6021 of 2008), Damayanthi, Swama Kumari and Vijaya Laxmi are daughters of fourth respondent. The second son - Subrahmanyeswara Rao, was given in adoption to father of fourth respondent.
3. On 16.01.2008 fourth respondent if registration is refused on that ground, an presented five gift deeds before Sub-application can be made under Section 73 of Registrar, Repalle. These were executed in Registration Act before District Registrar against favour of her youngest son, her grandson, such order (Para 19) her granddaughter through first daughter, her eldest daughter and another grandson. First respondent, however, did not register them immediately for the reason that all properties are situated within the jurisdiction of registering authority of Tenali. Documents are kept pending being document Nos.P2 to P6 of 2008. On 22.01.2008 fourth respondent issued a Telegram to the first respondent informing latter that without her knowledge, petitioners brought into existence the gift deeds/settlement deeds, that she is not a native of Repalle Sub-Registrar limits and that her thumb impressions were obtained on the gift deeds under threat. She also lodged a First Information Report on 23.01.2008 with P.S. Amarthalur under Sections 420, 384, 506 read with Section 34 of the Indian Penal Code, 1860. On 29.01.2008, she gave a representation stating that gift deeds were obtained by coercion and without her consent. In response to all these, first respondent gave a notice to fourth respondent on 23.02.2008 and rejected the registration and subsequently on 26.02.2008 first respondent returned the five documents to fourth respondent. It is also brought to the notice of this Court (though no additional affidavit is filed) by the learned Counsel for the petitioners that subsequently the fourth respondent was taken to Vijayawada by Thummala Damayanthi (daughter) and fourth respondent executed gift deeds in favour of others, out of which, two are registered and others were rejected. In these writ petitions petitioners challenge the action of the first respondent refusing registration. They seek a writ of mandamus declaring the refusal as illegal and arbitrary and for a direction to first respondent to register the gift deeds by duly summoning them from the fourth respondent.
4. At the stage of admission itself, petitioners. The Sub-Registrar, Repalle, has counter affidavits have been filed. First respondent filed counter affidavit justifying rejection contending as follows. Admitting the case of the petitioners to the extent of presenting the gift deeds and keeping them pending as document Nos.P2 to P6 of 2008, it is also admitted that after receiving the telegram issued by the fourth respondent on 22.01.2008, and certificate issued by Tahsildar cancelling the residence certificate, as well as representation dated 29.01.2008 sent by the fourth respondent,
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