The Sub-Registrar must register documents if duly presented, or refuse registration with recorded reasons as mandated by law.

ORDER :

Rajesh Shankar, J.

1. The present writ petition has been filed for issuance of direction upon the respondent no.4-the Sub Registrar, Gumla to admit sale deeds for registration with respect to the land appertaining to Khata No.2, Plot No.244, measuring an area of 0.23 acre and Plot No.245, measuring an area of 0.84 acre, total 1.07 acres situated at Mouza-Gumla as the respondent no.4 is not allowing the sale deeds to be presented to his office.

2. Learned counsel for the petitioners submits that the petitioner nos.1 & 2, who at present reside in Orissa and West Bengal respectively, intend to sale the aforesaid land to the purchasers and for the said purpose, they met the respondent no.4, however, said respondent orally informed the petitioners that the sale of the said land could not be permitted as its nature mentioned in the khatiyan is “non- cultivated Majhias” which was given to the petitioners’ ancestors by the landlord simply through ‘Hukumnama’.

3. Having heard learned counsel for the parties and considering the content of the writ petition, it appears that the petitioners have not yet presented the concerned instruments i.e. sale deeds before the respondent no.4 for registration. The law with respect to presentation of instruments/documents for registration is clear. Section 71 of the Registration Act, 1908 reads as under:

“71. Reasons of refusal to register to be recorded:– (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.”

4. On bare perusal of the provisions of Section 71 of the Act, 1908, it would be evident that if the District Sub-Registrar refuses to register a document, he is required to pass an order of refusal by recording his reasons for the same in the relevant book with an endorsement on the document that the registration has been refused. Section 72 of the Act, 1908 also provides a forum of appeal before the Registrar against the order of the Sub-Registrar refusing to admit a document to registration.

5. Considering the aforesaid provisions of the Act, 1908, it may be construed that the District Sub-Registrar on presentation of document before him, cannot keep the same pending without any reason and if he does not intend to register the document so presented for any valid reason, he has to pass an order of refusal of registration with an endorsement on the document that the registration has been refused.

6. Since the petitioners have not yet presented the concerned instruments/documents before the respondent no.4 for registration, they are at liberty to present the same before the said respondent after complying the provisions of the Registration Act, 1908 and the Rules framed thereunder. Once the said documents are presented, the respondent no.4 shall either admit the said documents for registration or refuse the registration of the same by passing an order in terms with the provisions of Section 71 of the Act, 1908 without any undue delay.

7. The writ petition is, accordingly, disposed of with the aforesaid liberty and direction.